Moore v. Seaboard Air-Line Railway Co.
Court of Appeals of Georgia
Action for damages; from Polk superior court — Judge Irwin November 18, 1922. This was an action for the death of the plaintiff’s husband, alleged to have been caused by the defendant’s negligence in the operation of a train.
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Action for damages; from Polk superior court — Judge Irwin November 18, 1922. This was an action for the death of the plaintiff’s husband, alleged to have been caused by the defendant’s negligence in the operation of a train. The petition alleged in substance: that on September 20, 1921, about 5:30 to 6 o’clock in the afternoon, the decedent went to a point on the defendant’s railroad, long established and recognized by it as a flag station, at which its trains were accustomed to stop and receive passengers on signal, and that the decedent, on hearing the train approaching some 400 yards…
1Opinion of the CourtBell, J.
1. It is an elementary rule of construction, as applied to a pleading, that it is to be construed most strongly against the pleader; and that if an inference unfavorable to the right of a party claiming a right under such a pleading may be fairly draw'n from the facts stated therein, such inference, on demurrer, will prevail in determining the rights of the parties. Krueger v. McDougald, 148 Ga. 429 (1) (96 S. E. 867).
2. There being no allegation to the contrary, it must be assumed that the decedent was a person of ordinary intelligence and that he was laboring under no physical defect or…
2Cases cited16 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Krueger v. MacDougaldSupreme Court of Georgia · 1918
- Thomas v. Georgia Granite Co.Supreme Court of Georgia · 1913
- Rome Railway & Light Co. v. KeelCourt of Appeals of Georgia · 1908
- Atlanta Railway & Power Co. v. OwensSupreme Court of Georgia · 1904
11 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Western & Atlantic Railroad v. ReedCourt of Appeals of Georgia · 1926
- Conaway v. McCrory Stores Corp.Court of Appeals of Georgia · 1950
- Central of Georgia Railway Co. v. LawleyCourt of Appeals of Georgia · 1925
- Culbreath v. Kutz Co.Court of Appeals of Georgia · 1927
- Washburn Storage Co. v. General Motors Corp.Court of Appeals of Georgia · 1954
54 more not listed; retrieve them via the Exa API.