Western Atlantic Railroad Company v. Davis

Full title: WESTERN ATLANTIC RAILROAD COMPANY v. DAVIS et al., and vice versa

Court: Supreme Court of Georgia

Date published: Sep 21, 1967

157 S.E.2d 457 (Ga. 1967)

157 S.E.2d 457

Opinion

24279, 24280.

ARGUED SEPTEMBER 12, 1967.

DECIDED SEPTEMBER 21, 1967.

Action for damages. Whitfield Superior Court. Before Judge Pope.

Mitchell Mitchell, D. W. Mitchell, Jr., for appellant.

McDonald, Longley, McDonald McDonald, Pittman Kinney, L. Hugh Kemp, for appellees.

GRICE, Justice.

These two appeals arise from a suit for personal injuries and involve rulings upon the pleadings.

In Case No. 24279, jurisdiction of this court is claimed because of certain constitutional questions as to an ordinance of a municipality. However, such issues fall within the jurisdiction of the Court of Appeals, not of this court. Shipman v. Johnson, 210 Ga. 174 ( 78 S.E.2d 515); Beard v. City of Atlanta, 211 Ga. 25 (2) ( 83 S.E.2d 594).

In Case No. 24280, no basis for jurisdiction of this court is claimed, and none exists. Therefore, both cases are Transferred to the Court of Appeals. All the Justices concur.

ARGUED SEPTEMBER 12, 1967 — DECIDED SEPTEMBER 21, 1967.