Southern Railway Co. v. Chambers
Supreme Court of Georgia
Action for damages. Before Judge Hodnett. City court of Carrollton. Jnne 5, 1905. Chambers sued the Southern Railway Company for damages.. Objection was made to the petition as originally filed, npon the-ground that it set forth two separate and distinct canses of action,, and that each was not set forth in a separate count. This defect was remedied by an amendment, and the petition as amended containecl two counts.
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Action for damages. Before Judge Hodnett. City court of Carrollton. Jnne 5, 1905. Chambers sued the Southern Railway Company for damages.. Objection was made to the petition as originally filed, npon the-ground that it set forth two separate and distinct canses of action,, and that each was not set forth in a separate count. This defect was remedied by an amendment, and the petition as amended containecl two counts. The first count alleged: that plaintiff was a licensed drayman of the town of Villa 'Bica, and had purchased the necessary outfit for that business; that the most profitable part…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.)
1-3. When the first count in the petition is taken in its entirety it is manifest that it was the intention of the pleader to lay a cause-of action for damages flowing from the destruction of the business of the plaintiff by the wrongful conduct of the defendant as alleged in the petition. The refusal to deliver freight to the plaintiff, notwithstanding he was clothed with authority from the consignees to receive it, is not alleged for the purpose of recovering damages, that might result from the refusal to deliver in any particular case; but this constant…
2Cases cited10 opinions
- Behre v. National Cash Register Co.Supreme Court of Georgia · 1897
- Delz v. Winfree, Norman & PearsonTexas Supreme Court · 1891
- Employing Printers Club v. Doctor Blosser Co.Supreme Court of Georgia · 1905
- Cole v. Atlanta & West Point RailroadSupreme Court of Georgia · 1897
- Jackson v. StanfieldIndiana Supreme Court · 1894
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3Cited by81 opinions
- Luke v. DuPreeSupreme Court of Georgia · 1924
- National Association for Advancement of Colored People v. OverstreetSupreme Court of Georgia · 1965
- Savannah Electric Co. v. WheelerSupreme Court of Georgia · 1907
- McDaniel v. GreenCourt of Appeals of Georgia · 1980
- Studdard v. EvansCourt of Appeals of Georgia · 1964
76 more not listed; retrieve them via the Exa API.