Johnson v. Western & Atlantic Railroad
Court of Appeals of Georgia
Action for damages, from city court of Atlanta — Judge Reid. .January 6, 1908. Ellen C. Johnson sued the Western & Atlantic Railroad Company and other railroad companies jointly for damages on account of the death of her son. The petition in substance alleged: The Western & Atlantic Railroad Company is the lessee of the property of the State generally called the “State Road.” The depot or station hereinafter referred to is a part of the said “State Road.”
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Action for damages, from city court of Atlanta — Judge Reid. .January 6, 1908. Ellen C. Johnson sued the Western & Atlantic Railroad Company and other railroad companies jointly for damages on account of the death of her son. The petition in substance alleged: The Western & Atlantic Railroad Company is the lessee of the property of the State generally called the “State Road.” The depot or station hereinafter referred to is a part of the said “State Road.” As lessee as aforesaid, said depot passed to the Western & Atlantic Railroad Company under the terms of the lease act. All of the…
1Opinion of the CourtRussell, J.
1. The court did not err in dismissing the petition as to defendants alleged to be tenants of the building under repair. Pleadings must always be construed most strongly against the pleader. Applying this rule, we think that the court properly sustained the general demurrers as to the Atlantic Coast Dine Bail-road Company, the Louisville & Nashville Bailroad Company, and' the Seaboard Air-Line Bailway. It could not only be inferred from the petition that these defendants were tenants in the building *134which was being repaired, but it is in fact expressly stated that the depot was in the…
2Cases cited2 opinions
- Atlanta & Florida Railroad v. KimberlySupreme Court of Georgia · 1891
- Savannah & Western Railroad v. PhillipsSupreme Court of Georgia · 1893
3Cited by17 opinions
- Eleanore Higginbotham Aretz v. United States of America, Thomas F. Aretz v. United StatesCourt of Appeals for the Fifth Circuit · 1979
- United States v. AretzSupreme Court of Georgia · 1981
- Quinan v. Standard Fuel Supply Co.Court of Appeals of Georgia · 1920
- McDade v. WestCourt of Appeals of Georgia · 1949
- Lampton v. Cedartown Co.Court of Appeals of Georgia · 1909
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