Georgia Southern & Florida Railway Co. v. United States Casualty Co.

Felton, Chief Judge.

Assuming but not deciding that the uncertainty and insecurity now added to the petition by amendment was not within the limits of the former decision the rationale of the former decision still controls this case, and the court erred in allowing the amendments over proper and timely objections. We held before that all the rights of the parties under the insurance contract and other agreements were fixed at the time of the collision between the train and the dirt-moving machine and that the plaintiff was not in a position of having to take some action which might jeopardize…