Scott v. Central of Georgia Railway Co.
Court of Appeals of Georgia
Action for damages; from city court of Millen — Judge T. L. Hill. August 30, 1915. The petition alleges, in brief, that the plaintiff is a widow and was the mother of James Rufus Jackson, who, on September 30, 1914, was killed by a railroad-train of the defendant. The deceased was a farm-hand, seventeen years of age, with an earning capacity of $240 per annum.
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Action for damages; from city court of Millen — Judge T. L. Hill. August 30, 1915. The petition alleges, in brief, that the plaintiff is a widow and was the mother of James Rufus Jackson, who, on September 30, 1914, was killed by a railroad-train of the defendant. The deceased was a farm-hand, seventeen years of age, with an earning capacity of $240 per annum. At the time of his death he was on the defendant’s right of way in the town of Millen, having gone there for the purpose of attending a minstrel show, which the defendant had allowed to place a tent on the right of way and about nine…
1Opinion of the CourtBboyles, J.
The court erred iu disallowing the proffered amendment to the plaintiff’s petition, and in sustaining the general and special demurrers and dismissing the petition.(o) With the addition of the disallowed amendment, the petition set forth a cause of action, and was riot subject to general demurrer.
(Z>) The special demurrers should not have been sustained, as they did not specify or point out the alleged defects in the petition. A special demurrer goes to the structure merely, and it must distinctly and particularly specify wherein the defect lies. The party specially demurring-“must lay, as it…
2Cases cited1 opinion
- State v. AtkinsSupreme Court of Georgia · 1866
3Cited by7 opinions
- Mull v. Emory University, Inc.Court of Appeals of Georgia · 1966
- Darien Bank v. CliftonSupreme Court of Georgia · 1923
- Hoffman v. Louis L. Battey PostCourt of Appeals of Georgia · 1946
- Katz v. TurnerCourt of Appeals of Georgia · 1934
- Beck & Gregg Hardware Co. v. Associated Transport, Inc.Supreme Court of Georgia · 1954
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