Legal Opinion

Jones v. Central Rail Road & Banking Co.

Supreme Court of Georgia

Decided June 15, 1855No. 23PublishedCited by 1 opinion

Case, in Burke Superior Court. Decision by Judge Holt,. May term, 1855. This was an action brought against the Central R. R. & Banking Co., as lessees of the Augusta & Waynesboro’ R. R., for the killing of a slave, by the negligent running of their cars. This suit was brought in Burke County, under the Act of 20th Eeb. 1844, “To define the liabilities of R. R. Companies,” &c.

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Case, in Burke Superior Court. Decision by Judge Holt,. May term, 1855. This was an action brought against the Central R. R. & Banking Co., as lessees of the Augusta & Waynesboro’ R. R., for the killing of a slave, by the negligent running of their cars. This suit was brought in Burke County, under the Act of 20th Eeb. 1844, “To define the liabilities of R. R. Companies,” &c. To this suit, a plea was filed to the jurisdiction of the Court, on the ground, that the residence of the corporation was in Chatham County. A motion was also made to dismiss the suit, on the ground that the same had not…

1Opinion of the Court

The Court not being unanimous, delivered opinions seriatim.

By the Court.

Lumpkin, J.

delivering opinion.

There are two questions presented for our determination in this bill of exceptions: 1st. Had the Superior Court of" Burke County jurisdiction of the case? And, 2d,.should the action have been brought within fifteen days, or at any rate, notice of the damage done, given within that time, to some officer, agent or’ employee of the Company ?

We propose to reverse the order of these points, and to consider the last first.

[1.] This proceeding was instituted under the Act of 1853-’4, (Pamphlet Laws,…

2Cited by1 opinion

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