Cox v. East Tennessee, Virginia & Georgia Railroad
Supreme Court of Georgia
Statute of Limitations. United States Courts. Non-suits. Railroads. Roads and Bridges. Damages. Before Judge Fain. Whitfield Superior Court. October Term, 1881. Cox sued the East Tennessee, Virginia and Georgia Railroad for $500.00 damages for injuries sustained by his wife by reason of her falling out of a wagon in crossing the defendant’s track.
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Statute of Limitations. United States Courts. Non-suits. Railroads. Roads and Bridges. Damages. Before Judge Fain. Whitfield Superior Court. October Term, 1881. Cox sued the East Tennessee, Virginia and Georgia Railroad for $500.00 damages for injuries sustained by his wife by reason of her falling out of a wagon in crossing the defendant’s track. The case was originally brought in the superior court of Whitfield county, was removed by the defendant to the United States circuit court, and that court granted a non-suit. Within less than six months plaintiff again brought his action, on the…
1Opinion of the Court
Jackson, Chief Justice.
A non-suit was granted in this case at the close of plaintiff’s testimony, and the error assigned is the judgment of non-suit.
1. The same cause had been brought before and removed to the circuit court of the United States for the northern *448district of Georgia. There, on trial before that court, at the close of plaintiff’s evidence, a nor-suit was awarded, and thereupon in the state court the suit was renewed, under and by virtue of the six months’ right to renew it under our statute, codified in section 2932 of the Code, which reads as follows: “If a plaintiff shall be…
2Cited by31 opinions
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- Carr v. HowellCalifornia Supreme Court · 1908
- Mciver v. Florida Central & Peninsular RailroadSupreme Court of Georgia · 1900
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