Legal Opinion
Flint River & Northeastern Railroad v. Sanders
Court of Appeals of Georgia
Decided November 16, 1916No. 7387PublishedCited by 8 opinions
Action for damages; from city court of Camilla — Judge Bush. March 4, 1916.
1Opinion of the Court
Broyles, <1.
1. Special defects or omissions in the petition may always be taken advantage of by demurrer; and unless cured by amendment, the petition should be dismissed. Park’s Ann. Code, § 5631.(a) All necessary jurisdictional facts must be alleged in the plaintiff’s petition, and the absence of any of them can be taken advantage of by demurrer. White v. Atlanta, Birmingham & Atlantic Railroad Co., 5 Ga. App. 308 (63 S. E. 234).
2. “All railroad companies shall be sued in the county in which the cause of action originated, by any' one whose person or property has been injured by such…
2Cases cited5 opinions
- Gilbert v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1898
- Coney v. HorneSupreme Court of Georgia · 1894
- White v. Atlanta, Birmingham & Atlantic RailroadCourt of Appeals of Georgia · 1908
- Jordan v. Georgia Southern & Florida RailroadSupreme Court of Georgia · 1898
- Savannah, Florida & Western Railway Co. v. TonySupreme Court of Georgia · 1899
3Cited by8 opinions
- Community Gas Co. v. WilliamsCourt of Appeals of Georgia · 1952
- Dutton v. FreemanSupreme Court of Georgia · 1957
- Ocilla Southern Railroad v. McAllisterCourt of Appeals of Georgia · 1917
- Keen v. NationsCourt of Appeals of Georgia · 1931
- Davis v. StateCourt of Appeals of Georgia · 1914
3 more not listed; retrieve them via the Exa API.