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Central of Georgia Railway Co. v. Heard

136 S.E. 533, 36 Ga. App. 332, 1927 Ga. App. LEXIS 62
CourtCourt of Appeals of Georgia
DecidedJanuary 24, 1927
Docket17432
StatusPublished
Cited by33 cases

This text of 136 S.E. 533 (Central of Georgia Railway Co. v. Heard) 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
Central of Georgia Railway Co. v. Heard, 136 S.E. 533, 36 Ga. App. 332, 1927 Ga. App. LEXIS 62 (Ga. Ct. App. 1927).

Opinion

Bell, J.

(After stating the foregoing facts.)

The plaintiff in error relies mainly upon the case of Davis v. Brinson, 32 Ga. App. 37 (122 S. E. 643). In the petition in that case, however, there was no allegation, as there is here, as to the fog and other weather condition, and as to the manner in which the plaintiff was affected thereby. From all the facts appearing, we can not say that the railway company was not negligent in at least one or some of the particulars alleged, or that the plaintiff, if negligent, was so negligent as to be barred from a recovery, or that it affirmatively appears that the accident was attributable to negligence on the part of the plaintiff as the proximate cause. It is our opinion that the averments of the petition make a case for a jury, and therefore that the superior court properly overruled the general demurrer.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.

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Bluebook (online)
136 S.E. 533, 36 Ga. App. 332, 1927 Ga. App. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-of-georgia-railway-co-v-heard-gactapp-1927.