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eBook details

• Title: Southern Railway Company v. Parker
• Author : Supreme Court of Georgia
• Release Date : January 28, 1942
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

T. E. Parker filed in Fulton superior court a suit against Southern Railway Company, to recover damages from personal injuries alleged to have been sustained by him in South Carolina while employed by the defendant as a switchman in the defendant's railroad yard in the city of Greenville, in that State. The petition alleged that the defendant was a ""railroad corporation, having an office, agent, and place of doing business in said State and County,"" that is in Fulton County, Georgia, where the suit was filed, and ""that at the time and place in question defendant was engaged in interstate commerce and petitioner was employed in such commerce."" These averments were admitted in the defendant's answer. Before answering, however, the defendant filed a plea to the jurisdiction, in which plea as amended it was alleged: 1. ""That plaintiff is a non-resident of the State of Georgia, being a resident of the State of South Carolina, and the defendant is a non-resident of the State of Georgia, being incorporated and organized under the laws of the State of Virginia, and being a resident of said State of Virginia; that plaintiff's suit is based upon an alleged cause of action which is transitory in its nature and which arose without the State of Georgia, the accident giving rise to said suit having occurred in the State of South Carolina; and that said suit is based upon no transaction connected with the business done in this State, with the consequence that this court [the superior court of Fulton County] is without jurisdiction of said suit.""

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