Legal Opinion

Seaboard Air-Line Railway v. Randolph

Supreme Court of Georgia

Decided August 13, 1906PublishedCited by 17 opinions

Action for damages. Before Judge Parker. Glynn superior court. July 15, 1905. On January 27, 1905, Mrs. H. B. Bandolph filed a petition against the Seaboard Air-Line Bailway and the Brunswick and Birmingham Bailroad Company,.in which she sought to recover from the defendants damages for the homicide of her husband, which was alleged to have occurred on February 3, 1902, and to have been caused by the negligence of the defendants.

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Action for damages. Before Judge Parker. Glynn superior court. July 15, 1905. On January 27, 1905, Mrs. H. B. Bandolph filed a petition against the Seaboard Air-Line Bailway and the Brunswick and Birmingham Bailroad Company,.in which she sought to recover from the defendants damages for the homicide of her husband, which was alleged to have occurred on February 3, 1902, and to have been caused by the negligence of the defendants. The petition alleged that the plaintiff had previously brought suit against the defendants, which suit was nonsuited by the court, and that the judgment of nonsuit…

1Opinion of the CourtCobb, P. J.

1. One ground of the motion to dismiss was, because the return term of the court for the case had adjourned without any service having been perfected upon the Brunswick and. Birmingham Bailroad Company' oí any return by any officer authorized to make service to account for the want of such service. After the court had overruled the motion, the plaintiff amended her petition by striking therefrom the Brunswick and Birmingham Bailroad Company, as a party defendant. She had a perfect right to do this after the court had overruled the motion to dismiss the case upon the ground above indicated.…

2Cases cited14 opinions

  1. Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
  2. Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
  3. Allen, Ball & Co. v. Mayor of SavannahSupreme Court of Georgia · 1851
  4. Macon & Augusta Railroad v. Moses & MayesSupreme Court of Georgia · 1873
  5. Chattanooga, Rome & Columbus Railroad Co. v. LiddellSupreme Court of Georgia · 1890

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3Cited by17 opinions

  1. Wall v. WallSupreme Court of Georgia · 1933
  2. Berrien County Bank v. AlexanderSupreme Court of Georgia · 1922
  3. Central of Georgia Railway Co. v. LeonardCourt of Appeals of Georgia · 1934
  4. Seaboard Air-Line Railway v. RandolphSupreme Court of Georgia · 1911
  5. Milton v. MiltonSupreme Court of Georgia · 1942

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