Legal Opinion

Charleston & Western Carolina Railway Co. v. Boyd

Court of Appeals of Georgia

Decided November 10, 1908No. 1217PublishedCited by 5 opinions

Action for damages, from city court of Bichmond county — ■ ■Judge Eve. May 23, 1908. The petition, omitting formal and immaterial parts, is as follows: “2. That on the 17th day of September, 1906, plaintiff was a passenger on one of the regular passenger-trains of the said ■defendant, which train was traveling over the defendant’s line of road in the State of South Carolina. 3. That plaintiff had purchased a ticket to Woodlawn, South Carolina, which is a station at which the…

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Action for damages, from city court of Bichmond county — ■ ■Judge Eve. May 23, 1908. The petition, omitting formal and immaterial parts, is as follows: “2. That on the 17th day of September, 1906, plaintiff was a passenger on one of the regular passenger-trains of the said ■defendant, which train was traveling over the defendant’s line of road in the State of South Carolina. 3. That plaintiff had purchased a ticket to Woodlawn, South Carolina, which is a station at which the said train upon which plaintiff was traveling was régularly scheduled to stop for the reception and discharge of…

1Opinion of the CourtPowell, J.

(After stating the foregoing facts.) The court did not err in overruling the general demurrer. Central Railway Co. v. Forehand, 128 Ga. 547 (58 S. E. 44), and eit. We think, however, that some of the special demurrers should have been sustained, and that the plaintiff should have been required to furnish the information demanded by them. Despite our impatience with frivolous objections to pleadings, we must recognize- that a reasonable special demurrer is very valuable to a party where his opponent has put loose and indefinite allegations in his pleadings. It is frequently helpful to the…

2Cases cited2 opinions

  1. Augusta Railway & Electric Co. v. LyleCourt of Appeals of Georgia · 1908
  2. Central of Georgia Railway Co. v. ForehandSupreme Court of Georgia · 1907

3Cited by5 opinions

  1. Western Union Telegraph Co. v. SpencerCourt of Appeals of Georgia · 1919
  2. Morgan v. CrowleyCourt of Appeals of Georgia · 1954
  3. Georgia Railroad & Banking Co. v. SewellCourt of Appeals of Georgia · 1938
  4. McCombs v. Southern Railway Co.Court of Appeals of Georgia · 1929
  5. Central of Georgia Railway Co. v. ParishCourt of Appeals of Georgia · 1916

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