Central Railroad & Banking Co. v. Kitchens
Supreme Court of Georgia
Pleadings. Actions. Amendment. Evidence. Res gestee. Practice. Kailroads. Negligence; Before Judge Harris. City court of Macon-. December term, 1888. This report is to be taken in connection with the facts stated in the decision. The plaintiff' testified, in brief, as follows: When her husband (Abe Kitchens) was killed, he was twenty-nine years old, and earned $1.10 per day.
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Pleadings. Actions. Amendment. Evidence. Res gestee. Practice. Kailroads. Negligence; Before Judge Harris. City court of Macon-. December term, 1888. This report is to be taken in connection with the facts stated in the decision. The plaintiff' testified, in brief, as follows: When her husband (Abe Kitchens) was killed, he was twenty-nine years old, and earned $1.10 per day. After the accident (from which he died), he was brought home, three miles from where it occurred, at about one o’clock, by Sandy Williams and a driver of an express wagon. He said, immediately after he got home, that he…
1Opinion of the Court
Bleckley, Chief Justice.
The declaration alleged that the company had injured and damaged the jplaintiff in the sum of $25,000, for that on the-day of May, 1888, by the careless running of its cars, the company ran over, mutilated and killed her husband, Abe Kitchens, without any carelessness or fault upon his part, but entirely by the negligence of the agents of said company in running the cars thereof; whereby she was injured and damaged. The company demurred to the declaration, on the ground that it set forth no sufficient cause of action, there being no specific or particular act of…
2Cases cited3 opinions
- Harris v. Central RailroadSupreme Court of Georgia · 1887
- Savannah, Florida & Western Railway Co. v. HollandSupreme Court of Georgia · 1889
- Georgia Railroad & Banking Co. v. McDadeSupreme Court of Georgia · 1877
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- Davis v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1898
- Simpson v. Enfield Lumber Co.Supreme Court of North Carolina · 1903
- Gadsden v. George H. Crafts & Co.Supreme Court of North Carolina · 1918
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