Tennessee, Alabama & Georgia Railroad v. Timmons
Court of Appeals of Georgia
Action for damages; from Walker superior court — Judge Wright. December 23, 1919. The suit was filed on July 8, 1918. The original petition in substance alleged: The plaintiff is now and since January 18, 1897, has been the owner and in uninterrupted possession of described land situated west of and adjoining the right of way of the defendant railroad company where some twenty-seven years ago the defendant constructed on the right of way a considerable embankment, upon which…
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Action for damages; from Walker superior court — Judge Wright. December 23, 1919. The suit was filed on July 8, 1918. The original petition in substance alleged: The plaintiff is now and since January 18, 1897, has been the owner and in uninterrupted possession of described land situated west of and adjoining the right of way of the defendant railroad company where some twenty-seven years ago the defendant constructed on the right of way a considerable embankment, upon which it built its track and has run its cars since the year 1891. There was at the time and there is now running in a…
1Opinion of the CourtSmith, J.
1. The petition as amended set out a cause of action, and the court did not err in overruling the general demurrer thereto.
2. “ When it appears from a bill of exceptions that a motion for a new trial was amended, and the amendment to the motion is specified in the bill of exceptions as one of the papers material to a proper consideration of the errors assigned, it is too late, after the certification of the bill of exceptions, to raise the objection that the grounds of the amendment to the motion for a new trial were not formally approved by the trial judge. Acts 1811, p. 150, sec. 3.”…
2Cases cited3 opinions
- Farmers Mutual Fire Ass'n v. SteedCourt of Appeals of Georgia · 1917
- Chicago & Northwestern Railway v. ElliottCourt of Appeals of Georgia · 1915
- Carraway v. StateCourt of Appeals of Georgia · 1915