Southern Railway Co. v. Flynt
Court of Appeals of Georgia
Action for damages; from city court of Forsyth — Judge Clark., December 29, 1910.
1Opinion of the CourtRussell, J.
1. The court did not err in allowing the amendment to the petition. City of Columbus v. Anglin, 120 Ca. 785 (48 S. E. 318).
2. A petition containing a single count, seeking to recover damages growing of a transaction brought about by alleged negligence of the defendant, may be amended by adding a count in which the same injury is complained of, but in which the details of the transactions are varied. From certain technical standpoints, each count sets forth a distinct and separate cause of action, but the court will look beyond the fictitious separateness and distinctness of the alleged causes…
2Cases cited1 opinion
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
3Cited by3 opinions
- Foster v. Southern Railway Co.Court of Appeals of Georgia · 1931
- Smith v. City of RomeCourt of Appeals of Georgia · 1915
- Keiley v. BristolCourt of Appeals of Georgia · 1923