Parris v. Atlanta, Knoxville & Northern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Gober. Eannin superior court. May 28, 1906. The plaintiff alleged, that he attempted to board defendant’s train as a passenger, at McCay’s, a station on its railroad in the State of Tennessee; that he attempted to get in the passenger-car .as quickly as it was possible to do so after the train stopped. “He succeeded in getting on the second step of said passenger-car, and the train'started very suddenly and very fast.
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Action for damages. Before Judge Gober. Eannin superior court. May 28, 1906. The plaintiff alleged, that he attempted to board defendant’s train as a passenger, at McCay’s, a station on its railroad in the State of Tennessee; that he attempted to get in the passenger-car .as quickly as it was possible to do so after the train stopped. “He succeeded in getting on the second step of said passenger-car, and the train'started very suddenly and very fast. The platform of said car and top step were crowded with other passengers, who had not gotten into said car. After said train started as…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. Hpon the hearing of the demurrer the trial judge sustained certain grounds thereof and dismissed the ease, rendering the following judgment: “In my opinion, the petition is subject to demurrer as set out in the third ground of the demurrer, and should be met by amendment. In my opinion, paragraph 5 is subject to de*436murrer, and should be met by a specific allegation, as I have indicated. In my opinion paragraph 6 is. open to demurrer, and should be met by a specific allegation. The specific allegation of negligence as to time of stopping train and starting…
2Cases cited3 opinions
- Hoyt Post v. CampauMichigan Supreme Court · 1879
- Central of Georgia Railway Co. v. DorseySupreme Court of Georgia · 1902
- Atlanta, Knoxville & Northern Railway Co. v. WilsonSupreme Court of Georgia · 1902
3Cited by12 opinions
- Dennison v. PayneCourt of Appeals for the Second Circuit · 1923
- United States v. Pan-American Petroleum Co.Court of Appeals for the Ninth Circuit · 1932
- Rowe v. RichardsSouth Dakota Supreme Court · 1915
- Spence v. ErwinSupreme Court of Georgia · 1946
- Winters v. PundCourt of Appeals of Georgia · 1986
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