Legal Opinion

Seaboard Air-Line Railroad v. Stoddard

Court of Appeals of Georgia

Decided December 5, 1950No. 33145PublishedCited by 4 opinions

1Opinion of the CourtWorrill, J.

The defendant demurred generally to the petition on the ground that no cause of action was set forth against the defendant; and also on the ground that the facts alleged in paragraph 6 show upon their face that the plaintiff has no knowledge of the origin of the fire, or from what source the fluid was expelled, or what caused the same to escape from the tank or container, or what or who caused the accident, and thus the petition fails to set forth a cause of action against the defendant.

While we recognize the rule that on demurrer a plaintiff’s petition will be construed most strongly against…

2Cases cited10 opinions

  1. Jamison v. EncarnacionSupreme Court of the United States · 1930
  2. Central of Georgia Railway Co. v. PriorSupreme Court of Georgia · 1914
  3. Southern States Portland Cement Co. v. HelmsCourt of Appeals of Georgia · 1907
  4. Miller v. Southern Railway Co.Court of Appeals of Georgia · 1917
  5. Charleston & Western Carolina Railway Co. v. LyonsCourt of Appeals of Georgia · 1909

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3Cited by4 opinions

  1. Cooper v. AndersonCourt of Appeals of Georgia · 1957
  2. Morgan v. CrowleyCourt of Appeals of Georgia · 1954
  3. Orkin Exterminating Co. v. WingateCourt of Appeals of Georgia · 1951
  4. Central of Georgia Railway Co. v. BrowerCourt of Appeals of Georgia · 1960

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