Legal Opinion

Ternest v. Georgia Coast & Piedmont Railroad

Court of Appeals of Georgia

Decided November 16, 1916No. 7616PublishedCited by 7 opinions

Action for damages; from city court of Reidsville—J. Y. Kelley, judge pro hac vice. June 7, 1916.

1Opinion of the CourtHodges, J.

Siiit was brought against the railway company for personal injuries, alleged to have been received in 1909. The present action is a renewal of the original suit, and was filed June 3, 1912. The defendant demurred on the ground that the action was barred by the statute of limitations. The action, not having been brought within two years after the right of action accrued, was barred (Civil Code, § 4497); unless the operation of the statute of limitations was arrested under section 4381 of the Civil Code. Under that section, if a plaintiff is nonsuited, he has the right of renewal in six months;…

2Cases cited3 opinions

  1. Atlanta, Knoxville & Northern Railway Co. v. WilsonSupreme Court of Georgia · 1904
  2. Kimbro & Morgan v. Virginia & Tennessee Air-Line Railway Co.Supreme Court of Georgia · 1876
  3. Rountree v. KeySupreme Court of Georgia · 1883

3Cited by7 opinions

  1. Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
  2. Clark v. NewsomeSupreme Court of Georgia · 1935
  3. Sheppard v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1924
  4. Morrison v. BowenCourt of Appeals of Georgia · 1962
  5. Brinson v. KramerCourt of Appeals of Georgia · 1945

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API