Muscogee Railroad v. Neal
Supreme Court of Georgia
Notice for damages under the Act of 20th February, 1S54-, in Talbot Superior Court. Tried before Judge Worrill, March Term, 1858. This was a statutory proceeding by William R. Neal, against the Muscogee Railroad Company, for the recovery of damages for killing a negro belonging to plaintiff, upon their road, which negro was in the employ of the company.
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Notice for damages under the Act of 20th February, 1S54-, in Talbot Superior Court. Tried before Judge Worrill, March Term, 1858. This was a statutory proceeding by William R. Neal, against the Muscogee Railroad Company, for the recovery of damages for killing a negro belonging to plaintiff, upon their road, which negro was in the employ of the company. Defendant pleaded to the jurisdiction, and moved to dismiss the action, on the following grounds: 1st. That the Act of 20th February, 1854, is unconstitutional in this, that the body of the Act contains matter different from what is expressed…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
I am inclined to think that every question made upon this record, is covered by the previous adjudications of this Court, in the case of Jones against the Central Railroad, 18 Ga. Rep. 247, and other cases in which these railroad corporations were parties, except the single question, as to whether or not the Act of 1854, is repealed by the Act of 1856 ? But were it otherwise, and this case stood upon its own merits, untrammele.d by authority, the result would not be different.
[1.] As to the plea to the jurisdiction, it certainly comes too late…
2Cases cited1 opinion
- Jones v. Central Rail Road & Banking Co.Supreme Court of Georgia · 1855
3Cited by2 opinions
- McGahee v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1900
- Butler v. WintonCourt of Appeals of Georgia · 1937