Southern Railway Co. v. Thompson
Supreme Court of Georgia
Action for damages. Before Judge Parker. Wayne superior court. September 29, 1906. ' Thompson brought suit against the Southern Railway Company, to recover damages caused by a fire which was alleged to have burned certain cross-ties, a number of panels of fence, a dwelling-house, a corn-crib, and standing timber.
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Action for damages. Before Judge Parker. Wayne superior court. September 29, 1906. ' Thompson brought suit against the Southern Railway Company, to recover damages caused by a fire which was alleged to have burned certain cross-ties, a number of panels of fence, a dwelling-house, a corn-crib, and standing timber. The negligence alleged was, that the defendant, by itself, agents, servants or employees, in the careless and negligent handling o'f the cars, engines, or other machinery upon the railroad, or in the negligent and careless use of defective engines, cars, and other machinery operated…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. One ground of the motion for a new trial complained that the' court incorrectly stated the contentions set out in the defendant’s answer, and placed upon it a heavier burden than it assumed, or than the law put upon it. The presiding judge charged that' the defendant had filed a plea; that it denied liability, or "that it was in any manner negligent;” that if the fire was set out by the engine, "it could not be avoided;” and that the company had used all ordinary and reasonable care and diligence in operating, equipping, and providing the engine with the…
2Cases cited21 opinions
- Missouri, Kansas & Texas Railway Co. v. W. T. Carter & BrotherTexas Supreme Court · 1902
- Hudgins v. Coca Cola Bottling Co.Supreme Court of Georgia · 1905
- Atlanta & West Point Railroad v. HudsonSupreme Court of Georgia · 1905
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Gainesville, Jefferson & Southern Railroad v. EdmondsonSupreme Court of Georgia · 1897
16 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- King Hardware Co. v. EnnisCourt of Appeals of Georgia · 1929
- Pensacola Electric Co. v. BissettSupreme Court of Florida · 1910
- Atlantic Coast Line Railroad v. Davis & BrandonCourt of Appeals of Georgia · 1908
- Louisville & Nashville Railroad v. StuddardCourt of Appeals of Georgia · 1925
- Lane v. VarnerCourt of Appeals of Georgia · 1953
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