Legal Opinion

Seals v. Augusta Southern Railroad

Supreme Court of Georgia

Decided March 4, 1898PublishedCited by 14 opinions

Action for damages. Before Judge Reese. Glascock superior court. August term, 1897. Miss Seals sued the railroad company, and her action was dismissed on demurrer.

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Action for damages. Before Judge Reese. Glascock superior court. August term, 1897. Miss Seals sued the railroad company, and her action was dismissed on demurrer. She alleged, that on October 31,' 1896, she purchased in Augusta a ticket from the agents of the company, paying therefor $2.20j for transportation from Augusta to Beall Spring, a flag-station, intending to visit her home, and expecting her brother to meet her at said station ; that the conductor on defendant’s train took up her ticket, and knew of her intention to stop at said station; that the train arrived there according to…

1Opinion of the CourtFisi-i, J.

There was no merit in the first ground of the demurrer, which alleges that no cause of action is set forth in the plaintiff’s petition. The second ground, that the plaintiff was .a minor and the suit should have been brought by a guardian, was removed when the petition was, by the consent of the defendant and the order of the court, amended by inserting therein the name of Robert B. Seals as next friend of the plaintiff, suing for her use.

1. The third ground of the demurrer is, that the petition sets forth a breach of contract, and that the damages claimed by the plaintiff to have been…

2Cases cited2 opinions

  1. Central Railroad v. Pickett & BlairSupreme Court of Georgia · 1891
  2. East Georgia & Florida Railroad v. KingSupreme Court of Georgia · 1893

3Cited by14 opinions

  1. Wall v. WallSupreme Court of Georgia · 1933
  2. Pennington & Evans v. Douglas, Augusta & Gulf Railway Co.Court of Appeals of Georgia · 1908
  3. Simpson v. BradleySupreme Court of Georgia · 1939
  4. Harp v. Southern Railway Co.Supreme Court of Georgia · 1904
  5. Lytle v. Southern Railway Co.Court of Appeals of Georgia · 1907

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