Legal Opinion

Central of Georgia Railway Co. v. Jones

Court of Appeals of Georgia

Decided March 2, 1922No. 10898PublishedCited by 8 opinions

Actiou for damages; from city court of Houston county — Judge Riley. July 26, 1919. Application for certiorari was denied by the Supreme Court.

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Actiou for damages; from city court of Houston county — Judge Riley. July 26, 1919. Application for certiorari was denied by the Supreme Court. The Court of Appeals certified to the Supreme Court the following questions: “ 1. Where a suit brought against a railroad company by an 'employee, to recover damages for personal injuries received by him while employed by the defendant, in which there is no allegation showing whether he was entitled to recover under the State statute or the Federal employer’s liability act, has, under the State statute, by his death, survived to his administratrix,…

1Opinion of the CourtStephens, J.

(After stating the foregoing facts.) The bill of exceptions in this case contains the following assignment of error: “Whereupon this defendant then and there excepted pendente lite, its exceptions being duly certified and entered of record; and this defendant specially assigns error upon the Judgment of the court allowing said amendment, and not disallowing the same.” The defendant in error insists that this is not a sufficient assignment of error upon the exceptions pendente lite, and that the act of August 15, 1921 (Ga. L. 1921, p. 252), regulating and prescribing certain procedure and…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. White v. LittleSupreme Court of Georgia · 1913
  2. McElmurray v. BlodgettSupreme Court of Georgia · 1904
  3. Central of Georgia Railway Co. v. JonesSupreme Court of Georgia · 1921

3Cited by8 opinions

  1. Brackett v. BrackettSupreme Court of Georgia · 1961
  2. Murphy v. HardingSupreme Court of Georgia · 1965
  3. Statham v. StateCourt of Appeals of Georgia · 1934
  4. Tucker v. LeaCourt of Appeals of Georgia · 1951
  5. Carroll v. TaylorCourt of Appeals of Georgia · 1953

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