Hines v. Evans
Court of Appeals of Georgia
Action for damages; from-city court of Valdosta — Judge Cranford. April 12, 1920. Mrs. Leone Evans, by W. A. Evans as next friend, brought suit against Walker D. Hines, director-general of railroads (described by amendment as agent of the director-general), in control of and operating the Atlantic Coast Line Eailroad, to recover damages for personal injuries.
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Action for damages; from-city court of Valdosta — Judge Cranford. April 12, 1920. Mrs. Leone Evans, by W. A. Evans as next friend, brought suit against Walker D. Hines, director-general of railroads (described by amendment as agent of the director-general), in control of and operating the Atlantic Coast Line Eailroad, to recover damages for personal injuries. She alleged substantially as follows: On April 1, 1919, Mrs. Evans with her husband was, with the permission and consent of the defendant, and under and by virtue of his authority, living near Ousley station, Lowndes county, in a house…
1Opinion of the CourtJenkins, P. J.
(After stating the foregoing facts.) 1. The petition in this case does not allege wantonness on the defendant’s part. If, therefore, as claimed in the several grounds of the demurrer, the original petition should be construed as an action to recover damages arising from mere negligence causing fright, shock, and mental suffering, but which was neither attended with physical injury nor followed by physical or mental impairment as a direct and natural consequence, then it would fail to set forth a cause of action and should have been dismissed. Under such a construction it could not even be…
2Cases cited6 opinions
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Cole v. Atlanta & West Point RailroadSupreme Court of Georgia · 1897
- Goddard v. WattersCourt of Appeals of Georgia · 1914
- Williamson v. Central of Georgia Railway Co.Supreme Court of Georgia · 1906
- Davis v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hamilton v. Powell, Goldstein, Frazer & MurphyCourt of Appeals of Georgia · 1983
- Pinkerton National Detective Agency, Inc. v. StevensCourt of Appeals of Georgia · 1963
- Atlanta Hub Co. v. JonesCourt of Appeals of Georgia · 1933
- Interstate Life & Accident Co. v. BrewerCourt of Appeals of Georgia · 1937
- Kuhr Bros., Inc. v. SpahosCourt of Appeals of Georgia · 1954
22 more not listed; retrieve them via the Exa API.