Friedman v. Seaboard Air-Line Railway
Supreme Court of Georgia
Action for damages. Before Judge Cann. Chatham superior 'court. March 23, 1905. A suit for damages was brought by Samuel Friedman against the Seaboard Air-Line Railway Company, the allegations of fact upon which the plaintiff relied for a recovery being, in brief, as follows: On January 22, 1904, the plaintiff shipped from Dublin, in this State, via the Macon, Dublin and Savannah Railroad, to Vidalia, the point at which that road connects with the defendant’s line of…
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Action for damages. Before Judge Cann. Chatham superior 'court. March 23, 1905. A suit for damages was brought by Samuel Friedman against the Seaboard Air-Line Railway Company, the allegations of fact upon which the plaintiff relied for a recovery being, in brief, as follows: On January 22, 1904, the plaintiff shipped from Dublin, in this State, via the Macon, Dublin and Savannah Railroad, to Vidalia, the point at which that road connects with the defendant’s line of railway, a car-load of cattle, consigned to plaintiff at Savannah, 'Chatham county, Ga. The defendant received this car of…
1Opinion of the CourtEvaNS, J.
(After stating the facts.) The allegations of the petition sufficiently set out a contract and a breach thereof, as against a demurrer raising the sole question of venue. The plaintiff construed his own petition to state a cause of action arising ex contractu, and the court, adopting this construction, held that the defendant was not suable in Chatham county, and dismissed the action.
The Civil Code, §2334, provides that “All railroad companies shall be sued in the county in which the cause of action originated, by any one whose person or property has been injured by such railroad company, its…
2Cases cited3 opinions
- Coakley v. Southern Railway Co.Supreme Court of Georgia · 1904
- Mitchell v. Georgia RailroadSupreme Court of Georgia · 1882
- Southern Railway Co. v. JohnsonSupreme Court of Georgia · 1895
3Cited by9 opinions
- Lytle v. Southern Railway Co.Court of Appeals of Georgia · 1907
- Albany & Northern Railway Co. v. Merchants & Farmers BankSupreme Court of Georgia · 1912
- Askew & Co. v. Southern Railway Co.Court of Appeals of Georgia · 1907
- Wright v. Southern Railway Co.Court of Appeals of Georgia · 1910
- Hanlon v. Great Northern Railway Co.Montana Supreme Court · 1928
4 more not listed; retrieve them via the Exa API.