Legal Opinion
Callaway v. Zittrouer
Court of Appeals of Georgia
Decided April 13, 1943No. 29945PublishedCited by 2 opinions
1Opinion of the CourtGardner, J.
The questions to be determined may be for con venienee thus stated: (a) Was the truck on a public crossing when it was damaged? (b) If not on a public crossing at such time, do the allegations of the petition set forth a cause of action?
In construing a petition on general demurrer, it is elementary that it must be construed most strongly against the pleader. Moore v. Seaboard Air-Line Railway Co., 30 Ga. App. 466 (118 S. E. 471). By reference to the petition it will be noticed that it nowhere appears that the truck of the plaintiffs stopped on or near the crossing. It is alleged: “That in…
2Cases cited21 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
- Moore v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923
- Lowe v. PayneSupreme Court of Georgia · 1923
- Central of Georgia Railway Co. v. TapleySupreme Court of Georgia · 1916
16 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lancaster v. StateCourt of Appeals of Georgia · 1951
- Smith v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1947