Caldwell v. Richmond & Danville Railroad
Supreme Court of Georgia
Railroad corporations. Carriers. Judicial notice. Passengers. Before Judge Yan Epps. City court of Atlanta. September term, 1891. The court below sustained a general demurrer to the declaration of Mary Caldwell against the railroad company, and the plaintiff excepted. The declaration averred that the Richmond & Dan-ville Railroad Company, at the time in question, was operating and controlling the Georgia Pacific railway, and was responsible for the injury to her.
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Railroad corporations. Carriers. Judicial notice. Passengers. Before Judge Yan Epps. City court of Atlanta. September term, 1891. The court below sustained a general demurrer to the declaration of Mary Caldwell against the railroad company, and the plaintiff excepted. The declaration averred that the Richmond & Dan-ville Railroad Company, at the time in question, was operating and controlling the Georgia Pacific railway, and was responsible for the injury to her. On September 14, 1889, she took passage on defendant’s regular accommodation train in Atlanta to go to Mayner’s crossing, a point…
1Opinion of the Court
Lumpkin, Justice.
1. The declaration fails to allege distinctly, as it should do, either that defendant, as lessee, or the Georgia Pacific Railway Co., whose railroad and franchises are operated and controlled by defendant, is a common carrier of passengers; but notwithstanding this omission, the declaration may be upheld. The Georgia Pacific Railway Co. is a corporation created by the legislature of this State, having authority under its charter to take private property for public use, and it is, by virtue of this charter, a common carrier, authorized as such to transport freight and…
2Cases cited1 opinion
- Chattanooga, Rome & Columbus Railroad v. LyonSupreme Court of Georgia · 1892
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- Nagel v. ThompsonMissouri Court of Appeals · 1943
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