SOUTHERN RAILWAY CO. v. TURNER

34881, 34882.

89 Ga. App. 785 (1954)

81 S.E.2d 291

SOUTHERN RAILWAY COMPANY v. TURNER et al. CITY OF ATLANTA v. TURNER et al.

Court of Appeals of Georgia.

Rehearing Denied March 17, 1954.


Attorney(s) appearing for the Case

Edgar A. Neely, Jr., Marshall, Greene, Baird & Neely (Case No. 34881), J. C. Savage, J. C. Murphy, J. M. B. Bloodworth, John E. Feagin, Henry L. Bowden (Case No. 34882), for plaintiffs in error.

Scott Hogg, John E. Feagin, Clinton Morgan, Nall, Sterne & Miller (Case No. 34881), Scott Hogg, Clinton Morgan, Nall, Sterne & Miller, Ferdinand Buckley, Marshall, Greene, Baird & Neely (Case No. 34882), contra.


QUILLIAN, J.

1. The trial court did not err in overruling the general demurrer of the defendant Southern Railway Company. Under the allegations of the petition, it is a question for a jury to decide whether or not the railroad company was negligent. Georgia Railroad & Bkg. Co. v. Sewell, 57 Ga.App. 674 (196 S. E. 140). The petition does not show as a matter of law that the railroad company was not negligent or as a matter of law that the deceased...

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