Primus v. Macon Rx. & Light Co

• Decision Date: 10 November 1906
• Citation: 55 S.E. 924,126 Ga. 667
• Parties: PRIMUS . v. MACON RX. & LIGHT CO.
• Court: Georgia Supreme Court

55 S.E. 924

126 Ga. 667

PRIMUS .

v.MACON RX. & LIGHT CO.

Supreme Court of Georgia.

Nov. 10, 1906.

Carriers—Injury to Passenger—Pleading.

In an action against a street railway company, the petition, in substance, alleged that within a month prior to the filing of the suit and at a stated place in the county of defendant's domicile, plaintiff's minor child was wantonly pushed from a moving car on defendant's line of road by a person who at the time was "in the employment and service of the defendant company on that car, thereby causing the child to fall upon defendant's track and the car to run over and crush his leg." Thechild's life expectancy, and his earning capacity and the diminution thereof by reason of the injury, and the amount of damages sustained by the plaintiff, were alleged. Held, that a cause of action was set forth, and it was error to dismiss the petition on general demurrer. Lindsay v. Railroad Co., 46 Ga. 448; Central Railroad v. Smith, 69 Ga. 268 (2); Smith v. Railway Co., 27 S. E. 725, 100 Ga. 96; Brunswick Railroad Co. v. Bostwick, 27 S. E. 725, 100 Ga. 96; Savannah Ry. Co. v. Godkin. 30 S. E. 378, 104 Ga. 655 (1), 69 Am. St. Rep. 187.

(Syllabus by the Court.)

Error from City Court of Macon; Robert Hodges, Judge.

Action by I. L. Primus against the Macon Railway & Light Company. Judgment for defendant, and plaintiff brings error. Reversed.

Glawson & Fowler, for plaintiff in error.

Roland Ellis, for defendant in error.

FISH, C. J. Judgment reversed. All the Justices concur.