Home/Court of Appeals of Georgia/Dowman-Dozier Manufacturing Co. v. Central of Georgia Railway Co.

Dowman-Dozier Manufacturing Co. v. Central of Georgia Railway Co.

114 S.E. 815, 29 Ga. App. 187, 1922 Ga. App. LEXIS 145
Court of Appeals of Georgia·Decided November 14, 1922·No. 13767·Published·Cited by 20 cases

Opinion

Broyles, C. J.

1. While the petition charged the defendant railway company with wilful and wanton negligence, the specific facts stated in the petition do not warrant such a conclusion. “ The legal conclusions of the court are to he drawn from the statements of fact contained in the pleadings, unaffected by the conclusions of the pleader.” Western Union Telegraph Co. v. Harris, 6 Ga. App. 260 (2) (64 S. E. 1123), and citations.

2. The provisions of the contract between the plaintiff and the defendant railway company, exempting the railway company from liability for its negligence, were not void as contrary to public policy. Hearn v. Central of Georgia Railway Co., 22 Ga. App. 1 (95 S. E. 368).

3. Under the above rulings, the court did not err in dismissing the petition on demurrer.

Judgment affirmed.

Luke and Bloodworth, JJ., concur. Dodd & Dodd, for plaintiff,

cited: 12 Ga. App. 436; 7 Ga. App. 711; 119 Ga. 767; 22 Ga. App. 1 (distinguished).

Little, Powell, Smith & Goldstein, for defendant,

cited: 22 Ga. App. 1; 6 Ga. App. 260(2); 29 Cyc. 509; 5 Ga. App. 562; 132 Ga. 559; Id. 813, c. 91 U. S. 489; 15 So. (Ala.) 508.

Free access — add to your briefcase to read the full text and ask questions with AI

Dowman-Dozier Manufacturing Co. v. Central of Georgia Railway Co., 114 S.E. 815, 29 Ga. App. 187, 1922 Ga. App. LEXIS 145 (Ga. Ct. App. 1922).

114 S.E. 815 (Dowman-Dozier Manufacturing Co. v. Central of Georgia Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Southern Protective Products Co. v. Leasing International, Inc.
216 S.E.2d 725 (Court of Appeals of Georgia, 1975)
Seaboard Coast Line Railroad v. Freight Delivery Service, Inc.
210 S.E.2d 42 (Court of Appeals of Georgia, 1974)
Southern Railway Co. v. Insurance Co. of North America
183 S.E.2d 912 (Supreme Court of Georgia, 1971)
Central of Georgia Railway Co. v. Woolfolk Chemical Works, Ltd.
178 S.E.2d 710 (Court of Appeals of Georgia, 1970)
Gough v. Lessley
166 S.E.2d 893 (Court of Appeals of Georgia, 1969)
Batson-Cook Co. v. Georgia Marble Setting Co.
144 S.E.2d 547 (Court of Appeals of Georgia, 1965)
Southern Railway Co. v. Wooten
137 S.E.2d 696 (Court of Appeals of Georgia, 1964)
Bohannon v. Southern Railway Co.
104 S.E.2d 603 (Court of Appeals of Georgia, 1958)
Hubbard v. Ruff
103 S.E.2d 134 (Court of Appeals of Georgia, 1958)
Brady v. Glosson
74 S.E.2d 253 (Court of Appeals of Georgia, 1953)
Flint Explosive Co. v. Edwards
66 S.E.2d 368 (Court of Appeals of Georgia, 1951)
Reid v. Sinclair Refining Co.
8 S.E.2d 527 (Court of Appeals of Georgia, 1940)
Golden v. National Life & Accident Insurance
5 S.E.2d 198 (Supreme Court of Georgia, 1939)
King v. Smith
170 S.E. 546 (Court of Appeals of Georgia, 1933)
Smith v. Hodges
161 S.E. 284 (Court of Appeals of Georgia, 1931)
Standard Oil Co. v. Parrish
151 S.E. 541 (Court of Appeals of Georgia, 1930)
Blanchard v. Ogletree
152 S.E. 116 (Court of Appeals of Georgia, 1929)
Lanier v. Bugg
123 S.E. 145 (Court of Appeals of Georgia, 1924)
Davis v. Gossett & Sons
118 S.E. 773 (Court of Appeals of Georgia, 1923)