51 Ga. App. 10 | Ga. Ct. App. | 1935
This case has once before been to this court. N., C. & St. L. Ry. v. Hilderbrand, 48 Ga. App. 140 (172 S. E. 87). There this court held that the demurrer filed by the defendant company to the plaintiff’s petition was properly overruled. Plaintiff contends in this court that the evidence introduced at the trial proved his case as laid, and that, the court having held that the demurrer was properly overruled* he is entitled to have a jury pass upon the issues involved. Unquestionably, if the evidence supports the allegations of the petition, and does not show some other fact which would as a matter of law preclude a recovery by the plaintiff, his contention is correct.
The act of 1915 (Ga. L. Ex. Sess., 1915, p. 119-128) provides: “The persons, association or corporation accepted as lessees under this act, if not already a corporation created under the laws of Georgia, shall from the time of such lease being entered on the executive minutes, and until after the final adjustment of all matters springing out of said lease contract, become a body politic and corporate under the laws of this State, under the name and style of the Western & Atlantic Eailroad, which body corporate shall be operated only from the time of their taking possession of said road as lessees; and it shall have the power to sue and be sued on all contracts made or to be performed, and all torts committed, by said company, in like manner and time and place as other railroad companies operating railroads in this State may sue and be sued, after the execution of said lease or for any cause of action which may accrue to said company or to which it may become
Judgment affirmed.