Medlock v. McAdoo
Court of Appeals of Georgia
Action for damages; from Fulton superior court — Judge Pendleton. May 7, 1920. While employed in a railroad yard as a watchman or special officer, and while walking across tracks at night in the darkness of the unlighted yard, for the purpose of inspecting cars, the plaintiff, according to the allegations of his petition, was struck and injured by a car which had been “kicked” by a switch-engine.
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Action for damages; from Fulton superior court — Judge Pendleton. May 7, 1920. While employed in a railroad yard as a watchman or special officer, and while walking across tracks at night in the darkness of the unlighted yard, for the purpose of inspecting cars, the plaintiff, according to the allegations of his petition, was struck and injured by a car which had been “kicked” by a switch-engine. The case came to this court on exceptions to the sustaining of a demurrer and the dismissal of the petition, and to the refusal of the court to allow further time for amendment of the petition. The…
1Opinion of the CourtLuke, J.
1. It does not appear “that counsel for the plaintiff did not have a sufficient opportunity to prepare any necessary amendment after knowledge that the demurrer had been filed and before it was brought to the attention of the court and insisted upon in argument; and hence this court cannot say that the trial judge abused the discretion vested in him or infringed upon the rights of the plaintiff in declining to allow further time in which to prepare such amendment. ”(a) “Aside from the ruling above, it does not appear, from any recital in the bill of exceptions, that the trial court knew, from…
Also in this document: Concurrence.
2Cases cited1 opinion
- Thomas v. Chattanooga Railway & Light Co.Court of Appeals of Georgia · 1917
3Cited by2 opinions
- Orkin Exterminating Co. v. WingateCourt of Appeals of Georgia · 1951
- Harris v. TownsCourt of Appeals of Georgia · 1962