Payne v. Allen
Court of Appeals of Georgia
Action for damages; from city court of Bainbridge — Judge Spooner. April 25, 1921. Application for certiorari was granted by the Supreme Court.
1Opinion of the CourtJenkins, P. J.
The plaintiff brought suit for the homicide of her eighteen-year-old son, alleging that while he was riding as a passenger on a railroad-train operated by the defendant, he was negligently killed in a head-end collision of that train with a freight-train. The petition shows (and it is sustained by the evidence) that the passenger-train was then running in the night-time out of its schedule.and without a headlight. The defendant filed a general demurrer, and a special demurrer based upon several grounds, one of which was that the petition failed to set forth how the deceased became a…
2Cases cited17 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Augusta Railway Co. v. GloverSupreme Court of Georgia · 1893
- City Council v. TharpeSupreme Court of Georgia · 1901
- Gaston v. Gainesville & Dahlonega Electric Railway Co.Supreme Court of Georgia · 1904
- Wilson v. StateSupreme Court of Georgia · 1882
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3Cited by5 opinions
- Hutcheson Manufacturing Co. v. ChandlerCourt of Appeals of Georgia · 1923
- Scarborough v. WaltonCourt of Appeals of Georgia · 1927
- Musselwhite v.RicksCourt of Appeals of Georgia · 1936
- Harrison v. Carswell, Moxley & SonCourt of Appeals of Georgia · 1925
- Payne v. AllenCourt of Appeals of Georgia · 1923