Georgia Railroad & Banking Co. v. Bennefield
Supreme Court of Georgia
Action for damages. Before Judge Pendleton. Fulton superior court. June 7, 1911. John Bennefield brought an action-for damages for personal injuries against the Georgia Railroad & Banking Company.
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Action for damages. Before Judge Pendleton. Fulton superior court. June 7, 1911. John Bennefield brought an action-for damages for personal injuries against the Georgia Railroad & Banking Company. The defendant company, under charter power, had leased its franchise and railroad property to the Louisville & Nashville Railroad Company and the Atlantic Coast Line Railroad Company, 'which two companies were operating the railroad of the defendant company in the name of the Georgia Railroad. The injury for which the suit was brought was caused by an alleged tort of the conductor on one of the…
1Opinion of the CourtFish, C. J.
We can not concede the soundness of any of the contentions of the defendant company. An action for personal injuries against any railroad company must be brought in the county in which the cause of action originated, if such company has an agent in that county; and a judgment rendered in any other county is utterly void. Civil Code, § 2798. “If the company have no agent in the county in which the cause of action originated, the action may nevertheless be brought in that county, the court having power to perfect service upon the defendant.” Devereux v. Atlanta R. Co., 111 Ga. 855 (36 S. E.…
2Cases cited4 opinions
- Mitchell v. Southwestern RailroadSupreme Court of Georgia · 1885
- Devereux v. Atlanta Railway & Power Co.Supreme Court of Georgia · 1900
- Coakley v. Southern Railway Co.Supreme Court of Georgia · 1904
- Bracewell v. Southern Railway Co.Supreme Court of Georgia · 1910
3Cited by8 opinions
- Central Georgia Power Co. v. StubbsSupreme Court of Georgia · 1913
- Jefferson Fire Insurance v. BrackinSupreme Court of Georgia · 1913
- Roy v. Georgia Railroad & Banking Co.Court of Appeals of Georgia · 1915
- Louisville & Nashville Railroad v. Atlantic Co.Court of Appeals of Georgia · 1942
- Hutcheson Manufacturing Co. v. ChandlerCourt of Appeals of Georgia · 1923
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