Legal Opinion

Skidaway Shell Road Co. v. O'Brien

Supreme Court of Georgia

Decided December 19, 1884PublishedCited by 7 opinions

Practice in Superior Court. Amendment. Torts. Before Judge Adams. Chatham Superior Court. March Term, 1884. Reported in the decision.

1Opinion of the Court

Blandford, Justice.

Ellen O’Brien brought her action against the Skidaway Shell Road Company, and by her declaration she averred:

“ For that, whereas, heretofore, to-wit: on July 20th, 1878, the defendant unlawfully or wrongfully dug, or caused to be dug, a ditch or hole at the junction of the Skidaway Shell Koad, in said county, and a village path or road leading thereto, near the toll gate of defendant on said road, and joining therewith, into which ditch or hole your petitioner fell at night. ...”

The plaintiff proposed to amend her declaration as follows :

' “ That over the hole or ditch into…

2Cases cited1 opinion

  1. Central Railroad & Banking Co. v. WoodSupreme Court of Georgia · 1874

3Cited by7 opinions

  1. City of Columbus v. AnglinSupreme Court of Georgia · 1904
  2. Charleston & Western Carolina Railway Co. v. LyonsCourt of Appeals of Georgia · 1909
  3. Southern Railway Co. v. AnsleyCourt of Appeals of Georgia · 1910
  4. State Highway Department v. StricklandSupreme Court of Georgia · 1958
  5. Barron v. WalkerSupreme Court of Georgia · 1888

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