Stephens v. Columbus Railroad
Supreme Court of Georgia
Action for damages. Before Judge Gilbert. Muscogee superior court. Marietta Martin, on July 16, 190J, brought suit against the Columbus Kailroad Company to recover damages for personal injuries alleged to be permanent and of a serious character, and to have been sustained by her while attempting to alight from the car of the defendant company, in consequence, it is alleged in the petition, of the negligence of the company’s agents and employees in suddenly starting the car…
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Action for damages. Before Judge Gilbert. Muscogee superior court. Marietta Martin, on July 16, 190J, brought suit against the Columbus Kailroad Company to recover damages for personal injuries alleged to be permanent and of a serious character, and to have been sustained by her while attempting to alight from the car of the defendant company, in consequence, it is alleged in the petition, of the negligence of the company’s agents and employees in suddenly starting the car from which the plaintiff was attempting to alight. In due time the defendant filed its answer. . Subsequently the…
1Opinion of the CourtBeck, J.
(After stating the facts.) Conceding that the evidence in the case established beyond controversy the fact that the intestate of the plaintiff in error had a husband in life at the time she sustained the injuries complained of and at the time of her death, we think that the court should have overruled the motion for a nonsuit. The court below evidently granted the nonsuit upon the idea that the right of action survived to the husband, and not to the administrator of the original plaintiff, who died after the institution of her action to recover for personal injuries to herself. That the'…
2Cases cited1 opinion
- Georgia Railroad & Banking Co. v. TiceSupreme Court of Georgia · 1905
3Cited by6 opinions
- Thompson v. WatsonSupreme Court of Georgia · 1938
- Complete Auto Transit, Inc. v. FloydSupreme Court of Georgia · 1958
- Roadway Express Inc. v. JacksonCourt of Appeals of Georgia · 1948
- Stevens v. WoodCourt of Appeals of Georgia · 1916
- Forrester v. SOUTHERN RAILWAY COMPANYDistrict Court, N.D. Georgia · 1967
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