Ready-Mix Concrete Co. v. Rape
Court of Appeals of Georgia
1Opinion of the Court
Quillian, Judge.
The defendant contends that the petition *509failed to set forth a cause of action because an action for exemplary damages cannot be combined in the same count of a petition. With this contention we do not agree. Wrongful damage to real property caused by a concussion from blasting with dynamite is direct, and constitutes a trespass to. realty. Brooks v. Ready Mix Concrete Co., 94 Ga. App. 791 (96 S. E. 2d 213). The petition in the present case is very similar to that in the Brooks case except as to the allegations that the defendant “wilfully, wantonly, recklessly, and…
Also in this document: Concurrence.
2Cases cited33 opinions
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Lee v. StateCourt of Appeals of Georgia · 1910
- Frazier v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1899
- City & Suburban Railway v. BraussSupreme Court of Georgia · 1883
- Milltown Lumber Co. v. CarterCourt of Appeals of Georgia · 1908
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3Cited by17 opinions
- Berger v. Plantation Pipeline Co.Court of Appeals of Georgia · 1970
- Mutual Benefit Health & Accident Ass'n v. HickmanCourt of Appeals of Georgia · 1959
- Barrow v. Georgia Lightweight Aggregate Co.Court of Appeals of Georgia · 1961
- Wallace v. A. H. Guion & Co.Supreme Court of South Carolina · 1960
- United States Fire Insurance v. TuckCourt of Appeals of Georgia · 1967
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