Dunbar v. Hines
Court of Appeals of Georgia
(Certiorari was granted by the Supreme Court.) Action for damages; from city court of Macon—Judge Guerry. April 9, 1920. The action was for injuries to a switchman from a wooden substance which struck his head when he was standing on the ladder attached to the side of a freight-car, holding the ladder with one hand and signaling with the other to the engineer who was switching the car.
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(Certiorari was granted by the Supreme Court.) Action for damages; from city court of Macon—Judge Guerry. April 9, 1920. The action was for injuries to a switchman from a wooden substance which struck his head when he was standing on the ladder attached to the side of a freight-car, holding the ladder with one hand and signaling with the other to the engineer who was switching the car. In one count of his petition he alleged: that the substance that struck him fell or was blown by the wind from the top of the car, that it was not a part of the car and should not have been there, and he did…
1Opinion of the CourtBroyles, C. J.
Neither count of the plaintiff’s petition set forth a cause of action, and the court did not err in sustaining the general demurrer to each count and to the petition as a whole, and in dismissing the action.
Judgment affirmed.
Luke and Bloodworth, JJ., concur. Robert L. Berner,
for plaintiff, cited: On first count and as to presumption: Ga. L. 1909, p. 160 (Park’s Ann. Code, § 2782); 58 Ga. 485, 489; Id. 108; 80 Ga. 521; 85 Ga. 473; 89 Ga. 602 (6); 95 Ga. 685-6; 9 Ga. App. 154; 11 Ga. App. 167. On second count: 105 Ga. 543, 546; 5 Ga. App. 219. As to the theory of accident, etc.: 1 Thomp. Neg.…
2Cases cited40 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Southern Railway Co. v. WebbSupreme Court of Georgia · 1902
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Hudgins v. Coca Cola Bottling Co.Supreme Court of Georgia · 1905
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3Cited by2 opinions
- Dunbar v. DavisCourt of Appeals of Georgia · 1924
- Dunbar v. HinesCourt of Appeals of Georgia · 1922