Davis v. Southern Railway Co.

James E. Davis brought an action against Southern Railway Company in the Superior Court of Pulton County under the Federal Employers’ Liability Act (45 U.S.C.A.). On December 4, 1956, Judge Pye sustained the defendant’s general demurrers to the petition, as well as certain special demurrers, and dismissed the petition. On January 2, 1957, according to the writ of error, the writ of error was tendered to Judge Moore, also one of the judges of said court, and on January 23, 1957, Judge Pye certified the bill of exceptions and stated thereon, “Due to undersigned absence from his office in the…