Gray v. Hines
Court of Appeals of Georgia
Action for damages; from city court of Albany — Judge Clayton Jones. February 14, 1920. W. H. Gray, a minor about nineteen years of age, brought suit, by next friend, against Walker D. Hines, director-general of railroads, and alleged: that he was employed by the defendant as a member of a pile-driving crew of the Atlantic Coast Dine Bailroad Company; that on or about September 10, 1918, he, with other employees, under the direct charge of H. B. Donnelly, a foreman of the…
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Action for damages; from city court of Albany — Judge Clayton Jones. February 14, 1920. W. H. Gray, a minor about nineteen years of age, brought suit, by next friend, against Walker D. Hines, director-general of railroads, and alleged: that he was employed by the defendant as a member of a pile-driving crew of the Atlantic Coast Dine Bailroad Company; that on or about September 10, 1918, he, with other employees, under the direct charge of H. B. Donnelly, a foreman of the defendant, was engaged in making repairs on a trestle across Mint river, in Dougherty county, Georgia, and that the…
1Opinion of the CourtJenkins, P. J.
1. Where a petition against a railroad company is filed, and is later dismissed on motion of' the plaintiff, the allegations therein cannot be introduced in a subsequent action between the same parties, as admissions on the part of the defendant company, where it is not shown that the answer of the defendant cither admitted or failed to deny the averments of the petition. The fact that the petition in the former suit was prepared and signed by an attorney employed for the plaintiff by the railway company, in furtherance of what was then regarded as a friendly suit for the purpose of…
2Cases cited4 opinions
- Georgia Railway & Power Co. v. RyanCourt of Appeals of Georgia · 1919
- Barrett v. Mayor of SavannahCourt of Appeals of Georgia · 1911
- Louisville & Nashville Railroad v. DunnCourt of Appeals of Georgia · 1917
- Hightower v. Southern Railway Co.Supreme Court of Georgia · 1916
3Cited by3 opinions
- Marsh v. FowlerTennessee Supreme Court · 1960
- Gray v. PayneCourt of Appeals of Georgia · 1921
- Terry Shipbuilding Corp. v. GriffianCourt of Appeals of Georgia · 1921