Southern Railway Co. v. Turner
Court of Appeals of Georgia
1Opinion of the CourtQuillian, J.
The trial court did not err in overruling the general demurrer of the defendant Southern Railway Company. Under the allegations of the petition, it is a question for a jury to decide whether or not the railroad company was negligent. Georgia Railroad & Bkg. Co. v. Sewell, 57 Ga. App. 674 (196 S. E. 140). The petition does not show as a matter of law that the railroad company was not negligent or as a matter of law that the deceased’s negligence, if any, or that the negligence of the driver of the truck, if any, was the sole proximate cause of the death of the plaintiff’s husband.
The general…
2Cases cited2 opinions
- Georgia Railroad & Banking Co. v. SewellCourt of Appeals of Georgia · 1938
- Mayor &C. of Savannah v. HarveyCourt of Appeals of Georgia · 1952
3Cited by4 opinions
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- Stewart v. HollandCourt of Appeals of Georgia · 1957