Coakley v. Southern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Sparks. City court of Brunswick. October 23, 1903. Coakley sued the Southern Railway Company in Glynn county, on account of personal injuries from the derailment of the defendant’s train, on which he was a passenger, while it was running on the tracks of the Atlantic Coast Line Railroad Company, in Liberty county, Georgia.
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Action for damages. Before Judge Sparks. City court of Brunswick. October 23, 1903. Coakley sued the Southern Railway Company in Glynn county, on account of personal injuries from the derailment of the defendant’s train, on which he was a passenger, while it was running on the tracks of the Atlantic Coast Line Railroad Company, in Liberty county, Georgia. The petition alleged that “the Southern Railway Company is, and was,” at the time the injury occurred, “a non-resident railroad corporation, incorporated under the laws of Virginia, and with its home office in that State. It has an office,…
1Opinion of the CourtSimmons, C. J.
1. An action for personal injuries against a railroad company, foreign or domestic (Mitchell v. Ry. Co., 118 Ga. 845; Hazlehurst v. Railway, 118 Ga. 858), must lie brought in the county in -which the cause of action originated, if such company have an agent in that county; and a judgment rendered in any other county is utterly void. ‘ Civil Code, §2334.
2. If the company have no agent in the county in which the cause of action originated, the action may nevertheless be brought in that county, the court having power to perfect service upon the defendant. Devereux v. Atlanta R. Co., 111 Ga. 855;…
2Cases cited4 opinions
- Mitchell v. Southwestern RailroadSupreme Court of Georgia · 1885
- Devereux v. Atlanta Railway & Power Co.Supreme Court of Georgia · 1900
- Mitchell v. Southern Railway Co.Supreme Court of Georgia · 1903
- Hazlehurst v. Seaboard Air-line RailwaySupreme Court of Georgia · 1903
3Cited by18 opinions
- Southern Railway Co. v. GrizzleSupreme Court of Georgia · 1906
- Roy v. Georgia Railroad & Banking Co.Court of Appeals of Georgia · 1915
- Hutcheson Manufacturing Co. v. ChandlerCourt of Appeals of Georgia · 1923
- Lytle v. Southern Railway Co.Court of Appeals of Georgia · 1907
- Bracewell v. Southern Railway Co.Supreme Court of Georgia · 1910
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