Gipson v. Louisville & Nashville Railroad
Court of Appeals of Georgia
Action for damages; from city court of Atlanta — Judge Eeid. June 14, 1913. The action was for damages on account of personal injuries alleged to have been received by. the plaintiff while in the employment of the Louisville & Nashville Eailroad Company, repairing a car at its shop at Boyles, in the State of Alabama.
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Action for damages; from city court of Atlanta — Judge Eeid. June 14, 1913. The action was for damages on account of personal injuries alleged to have been received by. the plaintiff while in the employment of the Louisville & Nashville Eailroad Company, repairing a car at its shop at Boyles, in the State of Alabama. In the first count of the petition section 3910 of the Code of Alabama of 1907, as .amended by act of April 18, 1911, is set out as the basis of the plaintiff’s right to recover. This section as amended provides that “When a personal injury is received by a servant or employee in…
1Opinion of the CourtHill, C. J.
The first count of the petition in this suit, brought under the Alabama statute, is controlled by the decision of this court in Tennessee Coal &c. Co. v. George, 11 Ga. App. 221 (75 S. E. 567). Under the ruling announced in that decision, it was erroneous for the trial judge to sustain the demurrer to the first count of the petition. The second count was properly stricken. Judgment reversed.
The second count does not refer to the statute set out in the first count. Otherwise its allegations are the same as those of the first count, except that it omits the paragraph in which it is alleged that…
2Cases cited17 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Smith v. CondrySupreme Court of the United States · 1843
- Moore v. Dublin Cotton MillsSupreme Court of Georgia · 1907
- Southern Railway Co. v. DeckerCourt of Appeals of Georgia · 1908
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