Harris v. Southern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Felton. Crawford- superior court. October 24, 1906. Z. T. Harris brought suit against the Southern Railway Company, alleging substantially as follows: On the ninth day of November, 1905, plaintiff was injured by an engine operated by the defendant company, “said injury being caused by the negligent running of the said engine, and being caused without any negligence • on the part of petitioner.”
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Action for damages. Before Judge Felton. Crawford- superior court. October 24, 1906. Z. T. Harris brought suit against the Southern Railway Company, alleging substantially as follows: On the ninth day of November, 1905, plaintiff was injured by an engine operated by the defendant company, “said injury being caused by the negligent running of the said engine, and being caused without any negligence • on the part of petitioner.” The plaintiff had a contract to carry the United States mail from Roberta to Knoxville. He was also a hotel keeper at Roberta, and both of these occupations required…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
1. The special demurrer attacks almost every allegation in the-petition. As we shall affirm the judgment sustaining the general demurrer, it will not be profitable to deal at length with the various grounds of the special demurrer. Some of them were well *391taken, and some were not. The plaintiff in his petition must allege facts, not merely conclusions. General allegations that the defendant was negligent, or that the plaintiff was injured by the negligent conduct of the defendant, or the like, will not alone withstand a special demurrer. The pleader should state…
2Cases cited3 opinions
- Atlanta Railway & Power Co. v. OwensSupreme Court of Georgia · 1904
- Thomas v. Central of Georgia Railway Co.Supreme Court of Georgia · 1904
- Ivy v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
3Cited by25 opinions
- Moore v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923
- Lowe v. PayneSupreme Court of Georgia · 1923
- Hotel Equipment Co. v. LiddellCourt of Appeals of Georgia · 1924
- Bryson v. Southern Railway Co.Court of Appeals of Georgia · 1908
- Sarman v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1924
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