Evans v. Southern Railway Co.
Court of Appeals of Georgia
Action for damages; from city court of Forsyth—Judge Cabaniss. January 23, 1912. The suit was for damages on account of personal injuries. The original petition made the following case: The plaintiff, at the time of his injury, was a passenger on the defendant’s railroad. He had purchased a ticket at Macon for a station known as “Pope’s Ferry,” which was a regular stopping place. The conductor had taken up his ticket, and knew that he was to stop at Pope’s Ferry.
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Action for damages; from city court of Forsyth—Judge Cabaniss. January 23, 1912. The suit was for damages on account of personal injuries. The original petition made the following case: The plaintiff, at the time of his injury, was a passenger on the defendant’s railroad. He had purchased a ticket at Macon for a station known as “Pope’s Ferry,” which was a regular stopping place. The conductor had taken up his ticket, and knew that he was to stop at Pope’s Ferry. On approaching the station an employee cried out, “All out for Pope’s Ferry,” and upon this announcement the plaintiff got up and…
1Opinion of the CourtBussell, J.
(After stating the facts.)
1. The rejection of the proposed amendment was in response to an oral demurrer that it was “inconsistent with the original petition.” A comparison of the rejected amendment with the petition as amended convinces us that the judge erred in his conclusion. The substantial allegation of the amendment is, that if the train had stopped, it had stopped only an instant, or a second or two, which was not sufficient time for him to alight in safety; which js a statement practically identical with that contained in an amendment previously allowed,—that “when he saw the train…
2Cases cited9 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Lytle v. DeVaughnSupreme Court of Georgia · 1888
- Simmons v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1904
- Suber v. Georgia, Carolina & Northern Railway Co.Supreme Court of Georgia · 1895
- Augusta Southern Railroad v. SniderSupreme Court of Georgia · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- West Lumber Co. v. SchnuckCourt of Appeals of Georgia · 1952
- Southern Railway Co. v. WilliamsCourt of Appeals of Georgia · 1917
- Dabbs v. Rome Railway & Light Co.Court of Appeals of Georgia · 1915
- West Lumber Co. v. SchnuckCourt of Appeals of Georgia · 1952