Atlantic Coast Line Railroad v. O'Neill
Supreme Court of Georgia
Certiorari. Before Judge Mitchell. Berrien superior court-September 25, 1905. O’Neill sued the railroad company, in the city court of Tifton,, alleging: He was superintendent of a lumber company which, on the date named, operated in Tifton, on the north side of the defendant’s track, a planing-mill. Between the “planing-mill and dry kiln, and a timber-dressing plant and skids connected therewith,” there was a side-track.
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Certiorari. Before Judge Mitchell. Berrien superior court-September 25, 1905. O’Neill sued the railroad company, in the city court of Tifton,, alleging: He was superintendent of a lumber company which, on the date named, operated in Tifton, on the north side of the defendant’s track, a planing-mill. Between the “planing-mill and dry kiln, and a timber-dressing plant and skids connected therewith,” there was a side-track. The track was within four or five-feet of these structures. When cars loaded with lumber or timber were brought to Tifton over the road of defendant for the lumber company,…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) 1. The amendment to' the petition sufficiently met the objections raised in the special demurrer, and therefore it only becomes necessary to determine whether, as amended, the petition set forth a cause of action as. against the general demurrer. According to the averments of the petition the plaintiff was on the car of the defendant in the discharge of a duty which he owed to his employer in connection, with a transaction with the railroad company, where he represented his employer. In addition to this it is distinctly averred that he was invited by the yardmaster,…
2Cases cited2 opinions
- Warrick v. StateSupreme Court of Georgia · 1906
- Humphries v. StateSupreme Court of Georgia · 1897
3Cited by9 opinions
- Everett v. CleggSupreme Court of Georgia · 1957
- Rider v. StateSupreme Court of Georgia · 1943
- Central of Georgia Railway Co. v. SowellCourt of Appeals of Georgia · 1907
- Phillips v. StateCourt of Appeals of Georgia · 1907
- Estill v. EstillSupreme Court of Georgia · 1919
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