22 Ga. App. 554 | Ga. Ct. App. | 1918
Patton brought suit for damages against the Charleston & Western Carolina Eailway Company, alleging that the defendant was a common carrier engaged, in interstate commerce. The portions of the petition necessary to an understanding of the issue determined by this opinion are as follows: “7. After changing the switch on the main line, and after the train
We think the court erred in overruling the demurrer to the petition. It is well settled, under repeated rulings of the Supreme Court of our State and of this court, that where a suit for personal injuries is based upon negligence of the defendant, the plaintiff, before he is entitled to recover, must show in his petition that the specific acts of negligence alleged therein were the proximate cause of his injuries. He can not recover on other acts of the defendant which, while set forth in the petition, are not therein alleged as negligence, Some of the decisions which settle this proposition are the following: “The petition did not state a cause of action. The alleged negligence of thé defendant was not the proximate cause of the plaintiff’s injury.” Hester v. Savannah Electric Co., 130 Ga. 454 (60 S. E. 1045). “The petition, failing to set out any specific, acts of negligence which would authorize a recovery, should,- on proper timely demurrer, have been dismissed.” Georgia R. & Banking Co. v. Williams, 3 Ga. App. 272 (2) (59 S. E. 846). “A plaintiff must allege sufficient specific acts, of negligence, as to the injured party, to withstand demurrer, and can recover only on the specific-acts alleged.” Harden v. Georgia Railroad Co., 3 Ga. App. 344 (59 S. E. 1122). “The allegations of the petition clearly showing that the negligence charged against the defendant was not the main, controlling, preponderating, or proximate cause of his injury, the court did right in sustaining a demurrer and dismissing the petition.” Shaw v.
Judgment reversed.