Gainesville Midland Railway v. Vandiver
Supreme Court of Georgia
Action for damages. Before Judge Brand. Jackson superior court. January 15, 1913. Claud C. Vandiver brought suit against the Gainesville Midland Eailway, alleging that, while in the service of the company as fireman, he was injured because of the negligence of the defendant and its servants. The nature of his injury and the negligence of the defendant were set forth in detail.
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Action for damages. Before Judge Brand. Jackson superior court. January 15, 1913. Claud C. Vandiver brought suit against the Gainesville Midland Eailway, alleging that, while in the service of the company as fireman, he was injured because of the negligence of the defendant and its servants. The nature of his injury and the negligence of the defendant were set forth in detail. At the conclusion of his petition he 'alleged that he brought “this action against the. defendant under statute of Georgia, approved August 16, 1909, regulating the liability of common carriers by railroad to their…
1Opinion of the CourtAtkinson, J.
1. In pleading a cause of action, where a foreign statute is not relied upon, it is unnecessary, and indeed it is improper, to incorporate in the pleading a statement of the law upon which the cause of action is based. The court will apply the appropriate law to the facts as pleaded, and the reference to the law will be regarded as surplusage. Voelker v. Chicago, M. & St. P. Ry., 116 Fed. 867. Of course it is not error to strip a plea of immaterial matter or mere surplusage; and therefore there was no error in allowing the amendment striking from the petition the reference to its being…
2Cases cited3 opinions
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Voelker v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1902
3Cited by15 opinions
- Donaldson v. Great Atlantic & Pacific Tea Co.Supreme Court of Georgia · 1938
- Central of Georgia Railway Co. v. YesbikSupreme Court of Georgia · 1917
- Griffith v. NewmanSupreme Court of Georgia · 1962
- Basham v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1915
- Seaboard Air-Line Railway v. BrooksSupreme Court of Georgia · 1921
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