Georgia Railroad v. Kent
Supreme Court of Georgia
Action for damages. Before Judge Guerr v. Warren superior court. April term, 1893. To the action of Junius Kent against the Georgia Railroad Company the defendant filed a general demurrer which was overruled, and defendant excepted. The plaintiff excepted to the grant of a nonsuit.
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Action for damages. Before Judge Guerr v. Warren superior court. April term, 1893. To the action of Junius Kent against the Georgia Railroad Company the defendant filed a general demurrer which was overruled, and defendant excepted. The plaintiff excepted to the grant of a nonsuit. The declaration was filed on March 12th, 1891. It alleges, that in May, 1883, the plaintiff was employed by the defendant as a laborer on its construction train, he having nothing to do with the running of the train, and that while engaged in the performance of his duties, being aboard the defendant’s service…
1Opinion of the Court
Lumpkin, Justice.
The court overruled a general demurrer to the plaintiff’s declaration, and the trial proceeded. After the plaintiff had closed, the court granted a nonsuit. The railroad company excepted to the overruling of the demurrer, and the plaintiff to the granting of the nonsuit. Each party sued out a bill of exceptions, and the two were considered together in this court. The substance of the declaration is set forth by the reporter. We are entirely satisfied that the court erred in not sustaining the demurrer. After inflicting personal injuries upon the plaintiff, it was undoubtedly…
2Cited by9 opinions
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- Tarlor v. StateCourt of Appeals of Georgia · 1931
- Sellers v. JohnsonSupreme Court of Georgia · 1951
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