Battle v. Atlantic Coast Line Railroad
Supreme Court of Georgia
Complaint. Before Judge Charlton. Chatham superior court. August 16, 1908. C. L. Battle brought suit against the Atlantic Coast Line Bail-road Company and the Southern Bailway Company, alleging as follows: In the fall of 1889 the plaintiff entered the employment of the Savannah, Florida & Western Bailway Company in the capacity of flagman and brakeman, running between Savannah and Jacksonville and Wayeross and Gainesville- He continued in the employment of that company, and…
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Complaint. Before Judge Charlton. Chatham superior court. August 16, 1908. C. L. Battle brought suit against the Atlantic Coast Line Bail-road Company and the Southern Bailway Company, alleging as follows: In the fall of 1889 the plaintiff entered the employment of the Savannah, Florida & Western Bailway Company in the capacity of flagman and brakeman, running between Savannah and Jacksonville and Wayeross and Gainesville- He continued in the employment of that company, and was promoted from time to time from the position of flagman and brakeman to that of extra freight conductor, freight…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
The petition of the plaintiff was properly dismissed on demurrer, for two reasons: First, because it sought to join separate and independent parties and causes of action, as to both of which there was a misjoinder. No breach of a common contract with or duty toward this plaintiff on the part of both defendants was shown. It was claimed that the Atlantic Coast Line Railroad Company had damaged the plaintiff in one way, and that the Southern Railway Company had damaged him in another; but not that there was any common violation of contract or duty by both of…
2Cited by3 opinions
- Austin v. Southern Pacific Co.California Court of Appeal · 1942
- Carter v. LaManceCourt of Appeals of Georgia · 1930
- Copeland v. Tyus & PrevattCourt of Appeals of Georgia · 1916