Legal Opinion
SOUTHERN RAILWAY COMPANY v. Smalley
Court of Appeals of Georgia
Decided September 23, 1965No. 41341PublishedCited by 3 opinions
1Opinion of the Court
Jordan, Judge.
1. The trial court did not err in overruling the grounds of special demurrer to the petition of which complaint is made by the defendant. The allegations of the petition which was thrice amended in response to the defendant’s demurrers were sufficiently definite to apprise the defendant of the plaintiff’s contentions and to enable it to prepare its defense, and it was not necessary for the plaintiff to plead evidence in support of his allegations of ultimate fact. “Good pleading requires only that the plaintiff plainly and concisely state the material ultimate facts upon which…
2Cases cited17 opinions
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
- Webb v. Illinois Central RailroadSupreme Court of the United States · 1957
- Lefkoff v. SicroSupreme Court of Georgia · 1939
- Gamble v. GambleSupreme Court of Georgia · 1948
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3Cited by3 opinions
- Southern Railway Co. v. SmalleyCourt of Appeals of Georgia · 1967
- Central of Georgia Railroad Company v. RushSupreme Court of Alabama · 1970
- SOUTHERN RAILWAY COMPANY v. SmalleyCourt of Appeals of Georgia · 1965