Legal Opinion

Louisville & Nashville Railroad v. Reece

Supreme Court of Georgia

Decided June 14, 1911PublishedCited by 2 opinions

Action for damages. Before Judge Lite. Gordon superior court. March 4, 1910. C. L. Eeece brought suit against the Louisville'& Nashville Kailroad Company, to recover damages for personal injuries alleged to have been sustained in consequence of the negligence of certain employees and agents of the defendant company.

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Action for damages. Before Judge Lite. Gordon superior court. March 4, 1910. C. L. Eeece brought suit against the Louisville'& Nashville Kailroad Company, to recover damages for personal injuries alleged to have been sustained in consequence of the negligence of certain employees and agents of the defendant company. Petitioner alleged, that his right foot was broken across the instep, in consequence of a heavy steel rail falling across his foot; that it was caused so to fall by the negligence of the agents and employees referred to; that petitioner was without fault; that at the time his foot…

1Opinion of the CourtBeck, J.

While the general demurrer was properly overruled, we think the petition is defective in the respects pointed out by the- special demurrer: The petition alleges that the plaintiff was injured in consequence of the falling of the rail upon his foot; and in a vague, indefinite way it is averred that the rail fell upon his foot in consequence of some interference upon the part of a certain “supervisor” for the defendant company with a gang of workmen engaged in unloading rails under a certain named foreman; *396and it is further alleged that the hurry and confusion caused by the interference on the…

2Cases cited1 opinion

  1. General Supply & Construction Co. v. LawtonSupreme Court of Georgia · 1908

3Cited by2 opinions

  1. Knott v. McWhirterSupreme Court of Georgia · 1913
  2. Louisville & Nashville Railroad v. DobbsCourt of Appeals of Georgia · 1928

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