Pullman Palace Car Co. v. Martin
Supreme Court of Georgia
Action for damages. Before Judge MacDonell. City court of Savannah. November term, 1892. The declaration alleged: In Georgia on or about March 2,1892, plaintiff was a passenger, for hire paid by her to defendant, on defendant’s sleeping-car America, from Chattanooga to Macon.
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Action for damages. Before Judge MacDonell. City court of Savannah. November term, 1892. The declaration alleged: In Georgia on or about March 2,1892, plaintiff was a passenger, for hire paid by her to defendant, on defendant’s sleeping-car America, from Chattanooga to Macon. By the contract of hiring defendant undertook to use reasonable and proper diligence in guarding and protecting her from loss by-theft while she slept during the usual hours of sleep in the berth assigned to her on the car by defendant. She had with her reasonable money and jewelry, to wit, money to the amount of $35 and…
1Opinion of the Court
Bleckley, Chief Justice.
The declaration is defective-in not setting forth any particular act or omission constituting negligence in the defendaht company, but there was no demurrer on that ground, and consequently no error in overruling the demurrer upon which the court adjudicated. The points taken in the demurrer were as follows : (1) “ The declaration is not sufficient in law.” This is a mere general demurrer. (2) “ It appears upon the face of the decla*163ration that the plaintiff, by her own carelessness, so far contributed to the injury that but for her carelessness it would not have been…
2Cited by25 opinions
- Frazier v. Southern Railway CompanySupreme Court of Georgia · 1946
- Hudgins v. Coca Cola Bottling Co.Supreme Court of Georgia · 1905
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- Douglas, Augusta & Gulf Railway Co. v. SwindleCourt of Appeals of Georgia · 1907
- Harvey v. ZellCourt of Appeals of Georgia · 1952
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