Alexander v. Atlantic Coast Line Railroad
Court of Appeals of Georgia
Action for damages; from Charlton superior court—Judge Summerall. September 13, 1918. The injuries sued for were alleged to have been received when, in descending from the cab of a locomotive on which he was at work qualifying himself as an engineer, the plaintiff struck with his foot a lump of coal on a step of the locomotive and slipped, striking his leg against the step and then against the exposed end of a. cross-tie.
Read the full summary
Action for damages; from Charlton superior court—Judge Summerall. September 13, 1918. The injuries sued for were alleged to have been received when, in descending from the cab of a locomotive on which he was at work qualifying himself as an engineer, the plaintiff struck with his foot a lump of coal on a step of the locomotive and slipped, striking his leg against the step and then against the exposed end of a. cross-tie. It was alleged that the injuries were due entirely to fault and negligence of the railroad company, (1) because it did not furnish to him a suitable and proper step upon…
1Opinion of the CourtStephens, J.
The petition, construed most strongly against the pleader, failed to set out a cause of action, and the court did not err in dismissing it on general demurrer.
Judgment affirmed.
Broyles, P. J., and Bloodworth, J., concur. The defendant demurred to the petition specially and generally; the court overruled the special grounds and sustained the general demurrer and dismissed the petition; and the plaintiff excepted. In the brief of counsel for the defendant it is contended that under the allegations of the petition the plaintiff must be treated as a mere volunteer or a licensee, and not as an…
2Cases cited12 opinions
- Choctaw, Oklahoma & Gulf Railroad v. HollowaySupreme Court of the United States · 1903
- Stewart v. Seaboard Air Line RailwaySupreme Court of Georgia · 1902
- Virginia Iron, Coal & Coke Co. v. KiserSupreme Court of Virginia · 1906
- Central of Georgia Railway Co. v. MullinsCourt of Appeals of Georgia · 1910
- Southern Railway Co. v. PuckettCourt of Appeals of Georgia · 1915
7 more not listed; retrieve them via the Exa API.