Western & Atlantic Railroad v. Smith
Court of Appeals of Georgia
Action for damages—appeal; from Fulton superior court—Judge Pendleton. May 20, 1914.
1Opinion of the CourtWade, J.
1. Under the Civil Code, § 4392, and the decision of the Supreme Court in the case of Selma &c. Railroad Co. v. Fleming, 48 Ga. 515, it was not error to allow a suit for damages on account of the killing of a cow by a railroad company to be amended by allegations that both before and after the bringing of the suit, the defendant offered to pay to the plaintiff $50 in settlement thereof, agreeing that this amount would be a fair price for the cow and the amount actually due the plaintiff for killing her, and that the plaintiff “has accepted said offer and expressed a willingness to accept the…
2Cases cited3 opinions
- Macon, Dublin & Savannah Railroad v. BarfieldCourt of Appeals of Georgia · 1911
- Southern Railway Co. v. EdwardsCourt of Appeals of Georgia · 1911
- Seaboard Air-Line Railway v. Carnes & Co.Court of Appeals of Georgia · 1913
3Cited by13 opinions
- Buffalo Cab Co. v. WilliamsCourt of Appeals of Georgia · 1972
- Edwards-Warren Tire Co. v. CobleCourt of Appeals of Georgia · 1960
- Altamaha Convalescent Center, Inc. v. GodwinCourt of Appeals of Georgia · 1976
- International Ass'n of Bridge, Structural & Ornamental Iron-Workers, Local 387 v. MooreCourt of Appeals of Georgia · 1979
- Savannah & Atlanta Railway Co. v. DeBuskCourt of Appeals of Georgia · 1942
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