80 Ga. 727 | Ga. | 1888
Richardson brought his action against the Georgia Pacific Railway Company for personal injuries. The declaration is fully set out in the official report of this case, and it is unnecessary to recopy it in this opinion. The defendant demurred to the declaration on the ground that it did not set out a sufficient cause of action. The demurrer was overruled, and the defendant excepted.
We think the court erred in overruling this demurrer. We have carefully read this declaration and the amendment thereto, and do not think that any sufficient cause of action is set out against the defendant. The plaintiff, according to the declaration, went upon a trestle on the defendant’s road, in the night-time, about the time he knew the defendant’s train would come along and pass
Judgment reversed.