Georgia Railroad & Banking Co. v. Auchinachie
Supreme Court of Georgia
Action for damages-. Before Judge Roan. DeKalb superior court. March 29, 1913. This action was originally brought by Mrs. Jennie Auchinachie against the Georgia Railroad and Banking Company, to recover damages for the alleged wrongful death of her husband. The plaintiff died pending the suit, and her minor daughter, by next friend, was made a party in her stead.
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Action for damages-. Before Judge Roan. DeKalb superior court. March 29, 1913. This action was originally brought by Mrs. Jennie Auchinachie against the Georgia Railroad and Banking Company, to recover damages for the alleged wrongful death of her husband. The plaintiff died pending the suit, and her minor daughter, by next friend, was made a party in her stead. The essential features of the allegations relating to the place and manner of the death of the decedent, and the charges of negligence against the company, are as follows: The railroad tracks traverse the town of Lithonia; in addition…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. There was no error in refusing to allow the amendment to the plea. The amendment was disallowed on March 5, 1912, and the ease was tried at the succeeding December term of the court. The amendment proceeds on the theory that the plaintiff had alleged as a ground of negligence the violation of the blow-post law as contained in the Civil Code (1910), §§ 2675, 2676, 2677. The defend; ant misconceived the petition as alleging the violation of these code sections as a ground of negligence. They are neither referred to in terms nor by allegation of their…
2Cases cited11 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Southern Railway Co. v. ChatmanSupreme Court of Georgia · 1906
- Southern Railway Co. v. CombsSupreme Court of Georgia · 1906
- Central Railroad v. BrinsonSupreme Court of Georgia · 1883
- Savannah, Florida & Western Railway v. StewartSupreme Court of Georgia · 1884
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3Cited by7 opinions
- Whatley v. HenryCourt of Appeals of Georgia · 1941
- Huckabee v. GraceCourt of Appeals of Georgia · 1934
- Underwood v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1962
- Georgia Power Co. v. PurserCourt of Appeals of Georgia · 1979
- Humphries v. Southern Railway Co.Court of Appeals of Georgia · 1935
2 more not listed; retrieve them via the Exa API.