Atlantic Coast Line Railroad v. Bunn
Court of Appeals of Georgia
Action for damages; from city court of Wayeross — Judge Lank-ford presiding. March 4, 1913. The Atlantic Coast Line Railroad Company brought suit in the city court of Wayeross against J. R. & T. Bunn for $1,049.95 principal, with interest.
Read the full summary
Action for damages; from city court of Wayeross — Judge Lank-ford presiding. March 4, 1913. The Atlantic Coast Line Railroad Company brought suit in the city court of Wayeross against J. R. & T. Bunn for $1,049.95 principal, with interest. It was alleged, that the plaintiff was a railroad company, operating a line of road through the county of Ware and the station of Fairfax therein; that the defendants were carriers for hire, and the plaintiff delivered to the defendants at their tramroad two freight-cars in good order, giving the numbers; that these cars were delivered to the defendants for…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
Did the trial judge err in allowing the defendants to open and conclude the argument upon the filing of the amendment to the answer ? The attack made upon this ruling is that this amendment was not sufficient to entitle the defendants to the opening and conclusion of the argument, for the reason that it did not admit the plaintiffs prima facie right to recover. Objection is also made upon the ground that the amendment came too late. The latter objection is manifestly without merit, the amendment having been made before the introduction of any evidence by…
2Cases cited5 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Brunswick & Western Railroad v. WigginsSupreme Court of Georgia · 1901
- Central of Georgia Railway Co. v. MorganSupreme Court of Georgia · 1900
- Culver v. WoodSupreme Court of Georgia · 1912
- Central of Georgia Railway Co. v. Waxelbaum & Co.Supreme Court of Georgia · 1900
3Cited by1 opinion
- Bunn v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1916