Legal Opinion

Atkinson v. Cook

Court of Appeals of Georgia

Decided July 15, 1913No. 4627Published

Actiou for damages; from city court of Fitzgerald — Judge Wall. December 30, 1912.

1Opinion of the CourtRussell, J.

1. The exceptions to the ruling on the demurrer, as well as those contained in the motion for a new trial, are controlled by the rulings of this court in Louisville & Nashville Railroad Co. v. Burns, 9 Ga. App. 243 (70 S. E. 1112), and Atlantic Coast Lime Railroad Co. v. Hill, 12 Ga. App. 392 (77 S. E. 316), adversely to the contention of the plaintiffs in error.

2. Since the plaintiff’s petition can properly be construed as an action sounding in tort, predicated upon the carrier’s breach of duty as the last of several connecting carriers, the ruling in Southern Express Co. v. Cowan, 12 Ga.…

2Cases cited3 opinions

  1. Southern Express Co. v. CowanCourt of Appeals of Georgia · 1913
  2. Atlantic Coast Line Railroad v. HillCourt of Appeals of Georgia · 1913
  3. Louisville & Nashville Railroad v. BurnsCourt of Appeals of Georgia · 1911

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