Griggs v. Louisville & Nashville Railroad

Jordan, Presiding Judge.

The plaintiff in her complaint, filed on September 8, 1969, alleges that she was injured on September 29, 1967, when the front of the automobile which she was driving dropped into a hole and struck the approach to a railroad track. The defendant in its first defense asserted that the complaint failed to state a claim against it upon which relief can be granted, and moved for a hearing on this defense under the provisions of CPA § 12 (d). Prior to the hearing the parties stipulated that the incident occurred on the right of way of the Western & Atlantic Railroad Company…