ATLANTA PAPER COMPANY v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD Co.

18714.

211 Ga. 185 (1954)

84 S.E.2d 359

ATLANTA PAPER COMPANY v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD Co.

Supreme Court of Georgia.

Decided October 14, 1954.

Rehearing Denied November 10, 1954.


Attorney(s) appearing for the Case

Smith, Kilpatrick, Cody, Rogers & McClatchey, Sidney Haskins, for plaintiff in error.

Marshall, Greene & Neely, Burt DeRieux, contra.


DUCKWORTH, Chief Justice.

1. Where, as here, the petitioner, a nonresident railroad, brought an action ex contractu against a resident of this State for the collection of freight charges owing the petitioner, and by cross-action the defendant set off an action ex delicto for negligence, a court of equity will take jurisdiction thereof, under Code § 37-308, and this court has jurisdiction of the writ of error from the lower court. See Hecht v. Snook...

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