Thomas v. Hines
Court of Appeals of Georgia
Action for damages; from Chatham superior court—Judge Meldrim. January 37, 1919. Application to the Supreme Court for certiorari in this case was refused. Thomas sued the Central of Georgia Eailway Company for injuries alleged to have been received when he stepped on a broken draft bolt in the railway company’s repair yard while engaged with a gang of employees of the company in pulling car-wheels on a track for the purpose of moving them.
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Action for damages; from Chatham superior court—Judge Meldrim. January 37, 1919. Application to the Supreme Court for certiorari in this case was refused. Thomas sued the Central of Georgia Eailway Company for injuries alleged to have been received when he stepped on a broken draft bolt in the railway company’s repair yard while engaged with a gang of employees of the company in pulling car-wheels on a track for the purpose of moving them. By amendment the director-general of railroads of the United States government was substituted for the railway company as defendant. In addition to the…
1Opinion of the CourtBloodworth, J.
Judge Meldrim, in his order sustaining the demurrer to the petition in this case, says:
“In the view which I take of this ease I do not deem it necessary to decide the issues raised by the demurrer, except the ground that the petition fails to set out a cause of action. It appears that the defendant railway had repair-yards in which there were tracks known as 2 and 3. On track No. 2 there was a bad-order car, from which it was necessary to remove a pair of wheels and ‘'carry them to the wheel-press, get a new pair from the wheel-press, and carry them back to the car to be placed under the car/…
2Cases cited3 opinions
- Cincinnati, N. O. & T. P. Ry. Co. v. ThompsonCourt of Appeals for the Sixth Circuit · 1916
- Southern Railway Co. v. PuckettCourt of Appeals of Georgia · 1915
- Fenelon v. Southern Railway Co.Supreme Court of Georgia · 1915