Lawrence v. Georgia Ry. & Electric Co.

• Citation: 71 S.E. 593,9 Ga.App. 309
• Decision Date: 07 June 1911
• Docket Number: 2,815.
• Parties: LAWRENCE v. GEORGIA RY. & ELECTRIC CO.
• Court: Georgia Court of Appeals

71 S.E. 593

9 Ga.App. 309

LAWRENCE v. GEORGIA RY. & ELECTRIC CO.

No. 2,815.

Court of Appeals of Georgia

June 7, 1911

Syllabus by the Court.

When a petition sets forth specific allegations of negligence, but also includes a general allegation of negligence, the specific will be considered as amplification of the general, and the plaintiff's right of recovery depends upon the establishment of negligence on one or more of the specific particulars alleged. Palmer Brick Co. v. Chenall, 119 Ga. 837 (6), 47 S.E. 329.

When a petition asserting a right of action for personal injuries makes two particular and distinct specifications of negligence, and follows these with the words, "and in causing the accident and injuries to plaintiff under the facts and circumstances heretofore alleged," this language should be treated as a mere general allegation of negligence, within the purview of the rule stated in the foregoing headnote. Harris v. Southern Ry. Co., 129 Ga. 388, 391, 58 S.E. 873.

Error from City Court of Atlanta; H. M. Reid, Judge.

Action by E. E. Lawrence against the Georgia Railway & Electric Company. Judgment for defendant, and plaintiff brings error. Affirmed.

Anderson, Felder, Rountree & Wilson, for plaintiff in error.

Colquitt & Conyers, for defendant in error.

RUSSELL, J.

Judgment affirmed.