JOYCE v. GEORGIA SOUTHERN & FLORIDA RAILWAY COMPANY

45552.

122 Ga. App. 712 (1970)

178 S.E.2d 575

JOYCE v. GEORGIA SOUTHERN & FLORIDA RAILWAY COMPANY.

Court of Appeals of Georgia.

Decided October 15, 1970.

Rehearing Denied October 30, 1970.


Attorney(s) appearing for the Case

Carl P. Savage, Jr., for appellant.

Bloch, Hall, Hawkins & Owens, F. Kennedy Hall, for appellee.


JORDAN, Presiding Judge.

This is a wrongful death action based on the death of the plaintiff's husband in a grade crossing collision between the vehicle he was driving and the defendant's locomotive. The plaintiff appeals from the grant of a summary judgment for the defendant. Held:

The essential issue for determination is whether the defendant railroad has successfully pierced the pleadings, in view of the evidence adduced in behalf of and in opposition...

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