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
CourtCourt of Appeals of Georgia
DecidedNovember 14, 1922
Docket13767
StatusPublished
Cited by20 cases

This text of 114 S.E. 815 (Dowman-Dozier Manufacturing Co. v. Central of Georgia Railway Co.) 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
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).

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.

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Bluebook (online)
114 S.E. 815, 29 Ga. App. 187, 1922 Ga. App. LEXIS 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dowman-dozier-manufacturing-co-v-central-of-georgia-railway-co-gactapp-1922.