Ayers v. Louisville & Nashville Railroad
Court of Appeals of Georgia
Action for damages, from city court of Atlanta- — -Judge Beid. October 17, 1908. The court sustained a general demurrer to the plaintiff’s petition, which, as amended, made substantially the following allegations : Petitioner was at work for the defendant companies in the yard of the Georgia Bailroad in said county, engaged in stopping ears.
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Action for damages, from city court of Atlanta- — -Judge Beid. October 17, 1908. The court sustained a general demurrer to the plaintiff’s petition, which, as amended, made substantially the following allegations : Petitioner was at work for the defendant companies in the yard of the Georgia Bailroad in said county, engaged in stopping ears. Petitioner was placed by the conductor who had charge-of the crew (said crew being short one man) on what was known as the depot lead, for the purpose of making up trains, to go out of the yards-that night. It was the duty of the defendants to-have cars…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
Pleadings are construed most strongly against the pleader. Athens Mfg. Co. v. Rucker, 80 Ga. 291 (4 S. E. 885); Smith v. E. & W. Ry. Co., 84 Ga. 183, 186 (10 S. E. 602); C. & W. C. Ry. Co. v. Augusta Stockyard Co., 115 Ga. 70 (41 S. E. 598). And if the pleadings are capable of two constructions, the one most unfavorable to the pleader must obtain. Evans v. Collier, 79 Ga. 315 (4 S. E. 264); C. & W. C. Ry. Co. v. Augusta Stockyard Co., supra. The plaintiff must show, by well pleaded allegations, that the negligence of the defendant was the proximate cause of…
2Cases cited16 opinions
- Platt v. Southern Photo Material Co.Court of Appeals of Georgia · 1908
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Athens Manufacturing Co. v. RuckerSupreme Court of Georgia · 1887
- Brown v. Rome Machine & Foundry Co.Court of Appeals of Georgia · 1908
- King v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1907
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Brantley v. StateSupreme Court of Georgia · 1909
- Southern Railway Co. v. BarberCourt of Appeals of Georgia · 1913
- Davis v. AikenCourt of Appeals of Georgia · 1965
- Luxenburg v. AycockCourt of Appeals of Georgia · 1930
- Mathis v. MathisCourt of Appeals of Georgia · 1930
9 more not listed; retrieve them via the Exa API.