Central of Georgia Railway Co. v. Bagley
Supreme Court of Georgia
Action for damages. Before Judge Crisp. City court of Americus. July 27, 1904. The plaintiffs brought suit against the defendant for damages alleged to have arisen, from the killing of two mules and a horse by one of the defendant’s trains; the petition alleging that the animals were “the property of petitioners.”
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Action for damages. Before Judge Crisp. City court of Americus. July 27, 1904. The plaintiffs brought suit against the defendant for damages alleged to have arisen, from the killing of two mules and a horse by one of the defendant’s trains; the petition alleging that the animals were “the property of petitioners.” The allegations of negligence set out were as follows: “Petitioners show that the negligence in running said train consisted of the facts that the engine pulling said train was not properly sounded, and the em gineer did not keep a proper lookout ahead of the engine, and did not…
1Opinion of the CourtCobb, J.
1. It is well settled that allegations that the plaintiff “is owner of” the property involved, or that it “belongs” to him, or he is “ seized,” and the like, are allegations of an ultimate fact, and not of a mere conclusion of law. See 21 Enc. P. & P. 718, and cit. The demurrer seems to concede this, and avers that an allegation that the animals were “ the property of petitioners ” does not sufficiently show the character of ownership. The necessary inference to be drawn from this averment is joint ownership in each of the animals referred to in the'petition. It is certainly not to be…
2Cases cited4 opinions
- Mayor of Milledgeville v. WoodSupreme Court of Georgia · 1901
- Central of Georgia Railway Co. v. WeathersSupreme Court of Georgia · 1904
- Smith v. Bibb Manufacturing Co.Supreme Court of Georgia · 1901
- Atlantic Coast Line Railroad v. WilliamsSupreme Court of Georgia · 1904
3Cited by21 opinions
- Wall v. StateSupreme Court of Georgia · 1922
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
- Southern Railway Co. v. ThompsonSupreme Court of Georgia · 1907
- Cochran v. GrooverSupreme Court of Georgia · 1923
- Pensacola Electric Co. v. BissettSupreme Court of Florida · 1910
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