Central Railroad v. Pickett & Blair
Supreme Court of Georgia
Railroads. Carriers. Actions. Practice. Contracts. Torts. Jurisdiction. Misnomer. Live-stock. Before Judge Marshall J. Clarke. Pulton superior court.
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Railroads. Carriers. Actions. Practice. Contracts. Torts. Jurisdiction. Misnomer. Live-stock. Before Judge Marshall J. Clarke. Pulton superior court. September term, 1890. The declaration alleged that the railroad company had injured and damaged the petitioners in the sum of $160, for that on the 28th of December, 1887, in Atlanta, Pulton county, at the special instance and request. of defendant, plaintiffs caused to be delivered to it one car-load of cattle and hogs belonging to plaintiffs, to be taken care of and safely and securely carried by defendant as a common carrier in its ears from…
1Opinion of the Court
Lumpkin, Justice.
1. It does not clearly appear from the declaration in -this case whether the cause of action intended to be set forth therein was founded upon an alleged breach of a contract between the plaintiffs and defendant, or upon an alleged violation of a public duty by the defendant as a common carrier. Iu this respect the declaration is at least ambiguous, and is susceptible of being construed as an action of either kind. Undoubtedly de*736fondant was entitled to be distinctly informed of the nature of the complaint made against it, in order that it might have a fair opportunity to make…
2Cited by30 opinions
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- King Hardware Co. v. EnnisCourt of Appeals of Georgia · 1929
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Simpson v. BradleySupreme Court of Georgia · 1939
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