Selma, Rome & Dalton Railroad v. Lacy
Supreme Court of Georgia
Actions against Railroad Companies. Presumptions. Before Judge Parrott. Whitfield Superior Court. January, 1871. Mrs. Lacy avowed that “ E. G. Barney, in his official capacity as Superintendent of the Selma, Rome and Dalton Railroad Company,” and “ A. D. Breed, lessee ” thereof, had damaged her $30,000 00; for that, on the 3d of A.ugust, 1870, “the said defendants, in the State of Alabama, at or near Oxford,” killed her husband by the careless running of their engine and…
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Actions against Railroad Companies. Presumptions. Before Judge Parrott. Whitfield Superior Court. January, 1871. Mrs. Lacy avowed that “ E. G. Barney, in his official capacity as Superintendent of the Selma, Rome and Dalton Railroad Company,” and “ A. D. Breed, lessee ” thereof, had damaged her $30,000 00; for that, on the 3d of A.ugust, 1870, “the said defendants, in the State of Alabama, at or near Oxford,” killed her husband by the careless running of their engine and cars. The road was avowed to be in said county. This declaration was demurred to: 1st. Because an action did not lie…
1Opinion of the Court
Warner, Judge.
This was an action brought by the plaintiff against the Selma, Rome and Dalton Railroad Company, in the county of Whitfield in this State, to recover damages for the death of her husband, alleged to have been killed by the defendant in running their engine and train of cars on said railroad at Oxford, in the State of Alabama. The defendant demurred to the plaintiff’s declaration, on several grounds, and especially on the ground that the action cannot, by law, be maintained against the Selma, Rome and Dalton Railroad Company in the Superior Court of Whitfield county, Georgia,…
2Cited by28 opinions
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- McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
- Slaton v. HallSupreme Court of Georgia · 1929
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