Legal Opinion

Pennington & Evans v. Douglas, Augusta & Gulf Railway Co.

Court of Appeals of Georgia

Decided February 24, 1908No. 241PublishedCited by 27 opinions

Action for damages, from city court of Nashville — Judge Peeples. February 2, 1907.

1Opinion of the CourtBussell, J.

Pennington & Evans brought an action for damages against the Douglas, Augusta & Gulf Bailwav Company for $23,304, which was dismissed upon demurrer, and the order of the judge of the city court, sustaining the defendant’s demurrer, is the error assigned. The demurrer was predicated upon several grounds, and was sustained generally. It appears that the plaintiffs in error, as plaintiffs in the court below, insisted that their suit was one for damages, that it was not drawn to recover a penalty,, and that they disclaimed any right to recover for any penalty whatever; and the same insistence was…

2Cases cited32 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
  3. City of Columbus v. AnglinSupreme Court of Georgia · 1904
  4. Cincinnati, N. O. & T. P. Ry. Co. v. Interstate Commerce Commission. Interstate Commerce Commission v. Cincinnati. N. O. & T. P. Ry. Co.Supreme Court of the United States · 1896
  5. Texas & Pacific Railway Co. v. Cisco Oil MillSupreme Court of the United States · 1907

27 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
  2. Southern Railway Co. v. MeltonSupreme Court of Georgia · 1909
  3. Carroll v. RagsdaleSupreme Court of Georgia · 1941
  4. Hotel Equipment Co. v. LiddellCourt of Appeals of Georgia · 1924
  5. Atlantic Coast Line Railroad v. StateSupreme Court of Florida · 1917

22 more not listed; retrieve them via the Exa API.

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