Legal Opinion

Augusta Railway Co. v. Andrews

Supreme Court of Georgia

Decided November 27, 1893PublishedCited by 27 opinions

Action for damages. Before Judge Eve. City court-of Richmond county. February term, 1893. Andrews sued the Augusta Railway Company for damages sustained from a shock from an electric wire, and a consequent fall from a pole to the ground.

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Action for damages. Before Judge Eve. City court-of Richmond county. February term, 1893. Andrews sued the Augusta Railway Company for damages sustained from a shock from an electric wire, and a consequent fall from a pole to the ground. The-case came to the Supreme Court, and it was held that the city court erred in not sustaining the demurrer to the declaration as amended. 89 Ga. 653. After the receipt of the remittitur, the plaintiff’s counsel gave notice of a motion to amend the declaration. The defendant’s counsel prepared an order, that the remittitur be entered of record and stand as…

1Opinion of the Court

Simmons, Justice.

1. When this case came before us on a former writ of error, the judgment of the court below was reversed on the ground that the court erred in not sustaining a demurrer to the declaration. (89 Ga. 653.) An amendment to the declaration was afterwards offered and allowed in the court below, before the remittitur was made the judgment of that court. This was done over the objection of the defendant, who insisted that the amendment came too late, and filed a demurrer on the several grounds set out in the reporter’s statement; and the case is now before us on exceptions to the…

2Cases cited7 opinions

  1. Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
  2. Central Railroad & Banking Co. v. PatersonSupreme Court of Georgia · 1891
  3. Augusta Railway Co. v. AndrewsSupreme Court of Georgia · 1892
  4. Hines v. RutherfordSupreme Court of Georgia · 1881
  5. Verdery v. BarrettSupreme Court of Georgia · 1892

2 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Mandeville Mills v. DaleCourt of Appeals of Georgia · 1907
  2. Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
  3. Crosby v. Savannah Electric & Power Co.Court of Appeals of Georgia · 1966
  4. Berrien County Bank v. AlexanderSupreme Court of Georgia · 1922
  5. Armour & Co. v. Ross & BarfieldSupreme Court of Georgia · 1900

22 more not listed; retrieve them via the Exa API.

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