Legal Opinion

Fenn v. Seaboard Air-Line Railway

Supreme Court of Georgia

Decided July 13, 1904PublishedCited by 8 opinions

Action for damages. Before Judge Roberts. Telfair superior court. October 21, 1903.

1Opinion of the CourtCobb, J.

1. The defendant made a motion for a nonsuit upon various grounds, one of them being that there was a fatal variance between the allegation and the proof as to the place where the alleged injury occurred. The court passed an order granting a nonsuit generally ; but before this order was entered on the minutes the plaintiff offered and had allowed, without objection, an amendment which had the effect to exactly adjust the pleadings to the evidence so far as the place of the injury was concerned. At this point the court took a recess and the judge left the bench. *665So far as the.record discloses,…

2Cases cited3 opinions

  1. Freeman v. BrownSupreme Court of Georgia · 1902
  2. Phillips v. Brigham, Kelly & Co.Supreme Court of Georgia · 1859
  3. Sullivan, Cabot & Co. v. Rome R. R.Supreme Court of Georgia · 1859

3Cited by8 opinions

  1. Realty Co. v. EllisCourt of Appeals of Georgia · 1908
  2. Blakely Hardwood Lumber Co. v. Reynolds Bros. Lumber Co.Supreme Court of Georgia · 1931
  3. Rice v. Ware & HarperCourt of Appeals of Georgia · 1908
  4. Hood v. Atlantic Steel Co.Court of Appeals of Georgia · 1923
  5. Holsey v. Macon, Dublin & Savannah RailroadCourt of Appeals of Georgia · 1909

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