Montgomery v. East Tenn., Va. & Ga. Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Griggs. Dodge superior court. September term, 1893. The declaration alleges, that plaintiff is a physician and dependent upon his profession and practice of medicine for support and maintenance, and that defendant has damaged him $10,000 by reason of the following facts: On October 18, 1887, he bought of defendant a ticket on its road from the town of Chauncey (of which town he was a citizen and resident) to the city of Atlanta, intending to…
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Action for damages. Before Judge Griggs. Dodge superior court. September term, 1893. The declaration alleges, that plaintiff is a physician and dependent upon his profession and practice of medicine for support and maintenance, and that defendant has damaged him $10,000 by reason of the following facts: On October 18, 1887, he bought of defendant a ticket on its road from the town of Chauncey (of which town he was a citizen and resident) to the city of Atlanta, intending to become a passenger on its train due at Chauncey about two o’clock a.m. Shortly before the time for the train to arrive,…
1Opinion of the Court
Lumpkin, Justice.
The action of Montgomery against the railway company was dismissed on the ground that no cause of action was set forth in the declaration, and the plaintiff excepted. He further excepted to the consideration.by the court of the motion to dismiss, over his objection that it was not made at the appearance term. The contents of the declaration are set forth, in substance, by the reporter.
It has been repeatedly ruled that a motion to dismiss an action may be made and sustained at any term, if the declaration fails to set forth any cause of action whatever. Under the facts…
2Cited by6 opinions
- Mayor of Macon v. DykesSupreme Court of Georgia · 1898
- Beckham v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1907
- Piedmont Hospital v. TruittCourt of Appeals of Georgia · 1933
- Bemiss v. New Orleans City & Lake RailroadSupreme Court of Louisiana · 1895
- Fountain v. Houston E. & W. T. R. Co.Court of Appeals of Texas · 1927
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