Legal Opinion

Atlantic Coast Line Railroad v. Powell

Supreme Court of Georgia

Decided March 1, 1907PublishedCited by 18 opinions

Action for damages. Before Judge Crosland. City court of Albany. December 13, 1905. Mattie Powell brought suit against the railroad company to recover damages for personal injuries alleged to have been sustained in consequence of its negligent failure to furnish heat in one of its coaches, on which she was being transported as a passenger over its railroad.

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Action for damages. Before Judge Crosland. City court of Albany. December 13, 1905. Mattie Powell brought suit against the railroad company to recover damages for personal injuries alleged to have been sustained in consequence of its negligent failure to furnish heat in one of its coaches, on which she was being transported as a passenger over its railroad. The petitioner alleges, in part, “that petitioner went into the car set apart by said company for her transportation, and the car assigned her by the conductor in charge of said train, and a few minutes before the same left the city of…

1Opinion of the CourtBeck, J.

(After stating the foregoing facts.)

1. The suit was properly brought in Dougherty county.

2. Counsel for the plaintiff in error insist that the general demurrer, on the ground that there was no cause of action set' forth in the petition, should have been sustained “for the further reason that the declaration failed to describe a definite duty owed by the defendant to plaintiff, and a definite violation thereof.” TJpon the question thus raised, no authorities are cited in the brief of counsel for either party. In the limited time that we have had for the investigation of the authorities and the…

2Cases cited6 opinions

  1. Florida Central & Peninsular Railroad v. BurneySupreme Court of Georgia · 1895
  2. Murray v. Lehigh Valley RailroadSupreme Court of Connecticut · 1895
  3. Barnwell v. HanneganSupreme Court of Georgia · 1898
  4. Missouri, Kansas & Texas Railway Co. v. ByrdCourt of Appeals of Texas · 1905
  5. Wood v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Becker v. DonalsonSupreme Court of Georgia · 1910
  2. Ray Wong v. Earle C. Anthony, Inc.California Supreme Court · 1926
  3. Western & Atlantic Railroad v. BurnettCourt of Appeals of Georgia · 1949
  4. Western & Atlantic Railroad v. PetersonSupreme Court of Georgia · 1929
  5. Lytle v. Southern Railway Co.Court of Appeals of Georgia · 1907

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