Legal Opinion
Smith v. Seaboard System Railroad, Inc.
Court of Appeals of Georgia
Decided July 7, 1986No. 72121PublishedCited by 5 opinions
1Opinion of the Court
Benham, Judge.
After sustaining an injury on August 21, 1979, appellant Smith filed suit in the Superior Court of Fulton County in December 1979 under the provisions of the Federal Employers’ Liability Act (“FELA”) (45 USCA § 51 et seq.) against appellees’ predecessor in interest. The only order in the lawsuit was entered on January 18, 1980; the action was dismissed automatically on January 18, 1985, following a period of five years in which no written order was taken. OCGA §§ 9-2-60 (b); 9-11-41 (e). Appellant refiled the action in the superior court on March 6, 1985, prompting appellee to…
2Cases cited2 opinions
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Seaboard Air-Line Railway v. BrooksSupreme Court of Georgia · 1921
3Cited by5 opinions
- Norfolk & Western Railway Co. v. TsapisWest Virginia Supreme Court · 1990
- Turnbow v. Southern Railway Co.Supreme Court of Missouri · 1989
- J. F. Barton Contracting Co. v. Southern Railway Co.Court of Appeals of Georgia · 1989
- Lipsteuer v. CSX Transportation, Inc.Court of Appeals of Georgia · 1999
- Parham v. Norfolk Southern Railway Co.Court of Appeals of Georgia · 1992