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TOMPKINS v. ATLANTIC COAST LINE RAILROAD CO.

18223.

209 Ga. 794 (1953)

76 S.E.2d 482

TOMPKINS v. ATLANTIC COAST LINE RAILROAD CO. et al.

Supreme Court of Georgia.

Decided June 8, 1953.

Attorney(s) appearing for the Case

J. Neely Peacock Jr. and George L. Sabados, for plaintiff in error.

Peacock, Perry & Kelley, Jesse W. Walters, B. H. Chappell, Burt & Burt, Walter H. Burt, Leonard Farkas, Farkas, Landau & Davis and Foley, Chappell, Kelley & Champion, contra.

DUCKWORTH, Chief Justice.

This case is controlled by Miller v. Ray, 208 Ga. 27 (64 S.E.2d 449), the equity features thereof having been eliminated by amendment leaving only a suit for damages, and the Supreme Court is without jurisdiction of the writ of error.

Transferred to the Court of Appeals. All the Justices concur, except Atkinson, P. J., not participating...

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