Toole Furniture Co. v. Ellis
Court of Appeals of Georgia
Complaint, from city court of Macon — Judge Hodges. February 17, 1908. Ellis brought suit against the Toole Furniture Company for $300 damages.
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Complaint, from city court of Macon — Judge Hodges. February 17, 1908. Ellis brought suit against the Toole Furniture Company for $300 damages. He alleged, that as he was driving a spirited horse to his buggy, upon the right side of the roadway, at a slow rate of speed, and using all due care, a one-horse dray approached him at a reckless rate of speed, with the driver whipping the mule; that at .the intersection of two streets, where a bright electric light was burning, and the petitioner and his horse and buggy were in the full view of the driver of the dray, the driver pulled the mule,…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts.)
1. We think the court correctly overruled the general demurrer and properly refused to dismiss the petition. Counsel for the plaintiff in error contends that no cause of action was set forth, because the suit is predicated upon the wilful and wanton trespass and criminal negligence upon the part of the drayman. Counsel insists that the petition should be construed as setting forth a cause of action based upon a wilful trespass, and that the declaration is in violation of §3031 of the Civil Code, in that it is nowhere alleged that the defendant corporation…
2Cases cited6 opinions
- Central of Georgia Railway Co. v. BrownSupreme Court of Georgia · 1901
- Savannah Electric Co. v. WheelerSupreme Court of Georgia · 1907
- Southern Railway Co. v. JamesSupreme Court of Georgia · 1903
- Western & Atlantic Railroad v. TurnerSupreme Court of Georgia · 1884
- Lockett v. PittmanSupreme Court of Georgia · 1884
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