Talmadge v. Central of Georgia Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Lewis. Jasper superior court. March 28, 1905. Talmadge brought suit against the Central of Georgia Railway Company, alleging, in brief, as follows: He was the owner of a lot in the town of Monticello, near the depot of the defendant and adjoining its right of way. Upon it was a gin-house, an engine-house, and a seed-house, and surrounding the greater part of the lot was a plank fence.
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Action for damages. Before Judge Lewis. Jasper superior court. March 28, 1905. Talmadge brought suit against the Central of Georgia Railway Company, alleging, in brief, as follows: He was the owner of a lot in the town of Monticello, near the depot of the defendant and adjoining its right of way. Upon it was a gin-house, an engine-house, and a seed-house, and surrounding the greater part of the lot was a plank fence. All of these improvements were well constructed of good materials. On May 21, 1901, the agents of the defendant placed a line of freight and “shanty” ears on the sidetrack south…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. On special demurrer the court struck from the declaration the allegations to the effect that there was negligence on the part of the defendant “in placing a car used for the purpose the said cook-car was used for, so close to the building of said Planters Warehouse Company, the same being a wooden building, in which was stored the inflammable materials aforesaid;” and that this was especially true when the defendant had another side-track on which its “shanty” cars could have been placed without danger. It will be noticed that this does not complain that…
2Cases cited16 opinions
- Gainesville, Jefferson & Southern Railroad v. EdmondsonSupreme Court of Georgia · 1897
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Georgia Railroad & Banking Co. v. NelmsSupreme Court of Georgia · 1889
- Webb v. . R., W. and O.R.R. Co.New York Court of Appeals · 1872
- McNally v. ColwellMichigan Supreme Court · 1892
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3Cited by9 opinions
- Southern Railway Co. v. ThompsonSupreme Court of Georgia · 1907
- Yarbrough v. Cantex Manufacturing Co.Court of Appeals of Georgia · 1958
- Beckham v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1907
- Butler v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1930
- Yeager v. CooleyCourt of Appeals of Georgia · 1932
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