Jackson v. Western & Atlantic Railroad
Supreme Court of Georgia
Action for damages. Before Judge Thomas. Cobb superior court. November 16, 1915. Addie Jackson brought suit against the Western and Atlantic Railroad Company and the Louisville and Nashville Railroad Company, to recover damages for alleged tortious death of her husband.
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Action for damages. Before Judge Thomas. Cobb superior court. November 16, 1915. Addie Jackson brought suit against the Western and Atlantic Railroad Company and the Louisville and Nashville Railroad Company, to recover damages for alleged tortious death of her husband. She alleged, in substance, as follows: Both defendants used the same railroad-track and roadway at the place where her husband was killed, the Louisville and Nashville Railroad Company using the same for its trains by agreement with its eodefendant. Her husband was employed as a track-hand on the Western and Atlantic Railroad…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
Some of the grounds of special demurrer were properly sustained. ■ Others, directed to allegations which denominated as negligence certain pleaded facts, should have been overruled; but as the effect of the judgment sustaining such demurrer did not materially alter the plaintiff’s ease as laid, a reversal of the judgment is not required, under the view we take of the case in its entirety. The rulings ' on special demurrer appear in the first, second, and third notes of the syllabus, and do not require further discussion.
The plaintiff alleged that her…
2Cases cited3 opinions
- Devane v. Atlanta, Birmingham & Atlantic RailroadCourt of Appeals of Georgia · 1908
- Morris v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1908
- Smith v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1901
3Cited by5 opinions
- Willis v. HillCourt of Appeals of Georgia · 1967
- Lanier v. BuggCourt of Appeals of Georgia · 1924
- Georgia Southern & Florida Ry. Co. v. CorrySupreme Court of Georgia · 1919
- Davis v. JonesCourt of Appeals of Georgia · 1925
- Willis v. HillCourt of Appeals of Georgia · 1967