120 Ga. 230 | Ga. | 1904
Mary Pierce sued the Seaboard Air-Line Railway for damages for the homicide of her husband. The allegations of her petition, material to the questions made by the record now before us, were, in brief: that her husband, while in the employment of the defendant as a' locomotive engineer, was, on a given date, running an engine of a passenger-train over the defendant’s road, at the rapid rate of speed demanded by the schedule of such train; that the engine, when it reached a switch at a designated place on the road, became derailed and was overturned, and petitioner's husband was pinned beneath the cab of the engine and his skull crushed, from which injuries he died two days thereafter ; that he was entirely free from fault at the time, and that, “ By reason of the negligent, wrongful, and inexcusable killing of . . petitioner’s ... husband, as aforesaid, . .'petitioner” was entitled to recover a designated sum as damages for his homicide. The defendant duly filed a demurrer to the petition, on the grounds, that' it failed to allege any act of negligence on the part of the defendant showing a cause of action, and failed “ to apprise . . defendant of the specific grounds by reason of which it [was] contended that . . defendant [could] be held liable in the . . suit, so as to enable [the] defendant to make proper or intelligent answer . '. and to prepare for trial in said case.” The demurrer went over until the trial term, and on the day it was passed on the defendant made a motion to dismiss the case, on the ground that the petition did not set out a cause of action. The court overruled the demurrer and the motion on the same day, and on that day the defendant excepted to both of said rulings.
Judgment reversed.