Atkinson v. Cook

Court of Appeals of Georgia

Atkinson v. Cook

78 S.E. 827, 13 Ga. App. 101, 1913 Ga. App. LEXIS 53

CourtCourt of Appeals of Georgia

DecidedJuly 15, 1913

Docket4627

StatusPublished

This text of 78 S.E. 827 (Atkinson v. Cook) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atkinson v. Cook, 78 S.E. 827, 13 Ga. App. 101, 1913 Ga. App. LEXIS 53 (Ga. Ct. App. 1913).

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Opinion

Russell, J.

1. The exceptions to the ruling on the demurrer, as well as those contained in the motion for a new trial, are controlled by the rulings of this court in Louisville & Nashville Railroad Co. v. Burns, 9 Ga. App. 243 (70 S. E. 1112), and Atlantic Coast Lime Railroad Co. v. Hill, 12 Ga. App. 392 (77 S. E. 316), adversely to the contention of the plaintiffs in error.

2. Since the plaintiff’s petition can properly be construed as an action sounding in tort, predicated upon the carrier’s breach of duty as the last of several connecting carriers, the ruling in Southern Express Co. v. Cowan, 12 Ga. App. 318 (77 S. E. 208), is not in point.

3. The evidence authorized the verdict, and there was no error in refusing a new trial. Judgment affirmed.

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Russell, J.

1. The exceptions to the ruling on the demurrer, as well as those contained in the motion for a new trial, are controlled by the rulings of this court in Louisville & Nashville Railroad Co. v. Burns, 9 Ga. App. 243 (70 S. E. 1112), and Atlantic Coast Lime Railroad Co. v. Hill, 12 Ga. App. 392 (77 S. E. 316), adversely to the contention of the plaintiffs in error.

2. Since the plaintiff’s petition can properly be construed as an action sounding in tort, predicated upon the carrier’s breach of duty as the last of several connecting carriers, the ruling in Southern Express Co. v. Cowan, 12 Ga. App. 318 (77 S. E. 208), is not in point.

3. The evidence authorized the verdict, and there was no error in refusing a new trial. Judgment affirmed.

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Bluebook (online)

78 S.E. 827, 13 Ga. App. 101, 1913 Ga. App. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkinson-v-cook-gactapp-1913.

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