Western & Atlantic Railroad v. Burnham
Supreme Court of Georgia
Action for damages. Before Judge Fite. Gordon superior court. October 29, 1904. When this case was before this court at the October term, 1902, it was held that the petition, properly construed, sought to recover on the theory that the defendant’s employees, against the plaintiff’s will, “ forcibly and violently removed her from a moving train, in reckless, if not wanton, disregard of her rights and her safety and that as there was no evidence to support this theory, a…
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Action for damages. Before Judge Fite. Gordon superior court. October 29, 1904. When this case was before this court at the October term, 1902, it was held that the petition, properly construed, sought to recover on the theory that the defendant’s employees, against the plaintiff’s will, “ forcibly and violently removed her from a moving train, in reckless, if not wanton, disregard of her rights and her safety and that as there was no evidence to support this theory, a verdict in favor of the plaintiff was not authorized. 116 Ga. 448. At the second trial the plaintiff offered an amendment, in…
1Opinion of the CourtFish, P. J.
1. Counsel for the plaintiff in error contend that the amendment, properly construed, made no material change in the original petition; but that if - ib can be construed to vary materially from the petition in the allegations as to the manner in which the injury was sustained and the negligence of the defendant,-it set forth a new cause of action, and for this reason should nob have been allowed. There were other grounds of objection, but they were not referred to in the brief of counsel for the plaintiff in error. The original petition, as construed by this court, charged that the plaintiff…
2Cases cited9 opinions
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
- Americus, Preston & Lumpkin Railroad v. LuckieSupreme Court of Georgia · 1891
- Savannah, Florida & Western Railway Co. v. HatcherSupreme Court of Georgia · 1903
- Gainesville & Dahlonega Electric Railway Co. v. AustinSupreme Court of Georgia · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Atlanta & West Point Railroad v. HudsonSupreme Court of Georgia · 1905
- Stewart v. MynattSupreme Court of Georgia · 1911
- Western & Atlantic Railroad v. RobertsSupreme Court of Georgia · 1915
- Macon Railway & Light Co. v. ViningSupreme Court of Georgia · 1905
- Savannah Electric Co. v. BennettSupreme Court of Georgia · 1908
8 more not listed; retrieve them via the Exa API.