Central Railroad v. Smith
Supreme Court of Georgia
Service. Railroads. Damages. Negligence. Before Judge HOOD. Quitman Superior Court. March Term, 1882. Smith brought his action against the Central Railroad, alleging that the defendant had injured and damaged him while operating and running the trains upon the Southwestern Railroad, the defendant having leased that road. The facts alleged in the declaration are substantially stated in the second head-note.
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Service. Railroads. Damages. Negligence. Before Judge HOOD. Quitman Superior Court. March Term, 1882. Smith brought his action against the Central Railroad, alleging that the defendant had injured and damaged him while operating and running the trains upon the Southwestern Railroad, the defendant having leased that road. The facts alleged in the declaration are substantially stated in the second head-note. The sheriff made the following entry of service: “I have this day executed the within writ by serving a copy thereof on R. T. Gilbert, agent Central Railroad and Banking Company at…
1Opinion of the Court
Speer, Justice.
James E. Smith sued the Central Railroad and Banking Company for damages to his person, occasioned by the negligence and want of ordinary care and diligence on the part of its servants in and about the running of its trains while he was a passenger thereon. To this action the defendant below demurred on account of want of sufficient service, and because no cause of action was sufficiently set forth. The demurrer being overruled, defendant filed the plea of general issue and also a special plea.. A verdict was returned in favor of the plaintiff for the sum of eight hundred…
2Cases cited2 opinions
- Georgia Railroad & Banking Co. v. McCurdySupreme Court of Georgia · 1872
- Western Railroad v. YoungSupreme Court of Georgia · 1874
3Cited by5 opinions
- Phillips v. BondSupreme Court of Georgia · 1909
- Burnett & Goodman v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- United States Motor Co. v. Baughman Automobile Co.Court of Appeals of Georgia · 1915
- Primus v. Macon Railway & Light Co.Supreme Court of Georgia · 1906
- Savannah, Florida & Western Railway Co. v. WallSupreme Court of Georgia · 1895