Western & Atlantic Railroad v. Atkins
Supreme Court of Georgia
Action, for damages. Before Judge Patterson. Cobb superior court. May 7, 1913. Cam Atkins brought suit against the Western and Atlantic Bail-road Company, to recover for an injury to himself, resulting from a collision with a train. The defendant pleaded accord and satisfaction, setting up a written release from the plaintiff for all the damages arising from the occurrence in question, in consideration of fifty dollars.
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Action, for damages. Before Judge Patterson. Cobb superior court. May 7, 1913. Cam Atkins brought suit against the Western and Atlantic Bail-road Company, to recover for an injury to himself, resulting from a collision with a train. The defendant pleaded accord and satisfaction, setting up a written release from the plaintiff for all the damages arising from the occurrence in question, in consideration of fifty dollars. The plaintiff amended his petition by attacking the release as having been procured by fraud, and alleging that upon the discovery of the fraud he had immediately tendered to…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. In jurisdictions where the distinction between courts of law and courts of equity has been abolished, it is generally held that in an action for damages, where a release has been procured by fraud, relief may be had in the same proceeding, by incorporating in the petition a count to set aside the release. 6 Thompson on Corporations (2d ed.), § 7380. In this State the code declares, that, on the trial of any civil case, the superior courts shall give effect to all the rights of the parties, legal or equitable or both, and apply such remedy or give such…
2Cases cited2 opinions
- Southern Railway Co. v. NicholsSupreme Court of Georgia · 1910
- Harley v. Riverside MillsSupreme Court of Georgia · 1907
3Cited by22 opinions
- Georgia Railway & Power Co. v. EndsleySupreme Court of Georgia · 1928
- Giles v. SmithCourt of Appeals of Georgia · 1949
- Williams v. FottchéSupreme Court of Georgia · 1924
- Pennsylvania Threshermen & Farmers Mutual Casualty Insurance v. HillCourt of Appeals of Georgia · 1966
- Gregory v. SchnursteinSupreme Court of Georgia · 1956
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