Legal Opinion
GEORGIA NORTHEASTERN RAILROAD CO. v. Lusk
Court of Appeals of Georgia
Decided November 12, 2002No. A02A1305PublishedCited by 4 opinions
1Opinion of the Court
MlKELL, Judge.
Georgia Northeastern Railroad Company, Inc. (the “Railroad”) appeals from the denial of its motion for judgment notwithstanding the verdict (j.n.o.v.) in Larry Lusk’s action to recover damages based on the erosion of his property caused by the accumulation of debris beneath a trestle owned by the Railroad. The jury found that the Railroad had committed a continuing, abatable nuisance and trespass and awarded Lusk $5,400 in compensatory damages, representing the diminution in the fair market value of his land; $182,755 for the estimated cost of repair; and $74,238 in litigation…
2Cases cited22 opinions
- Georgia-Carolina Brick & Tile Co. v. BrownCourt of Appeals of Georgia · 1980
- City Council v. LombardSupreme Court of Georgia · 1897
- Dimambro Northend Associates v. WilliamsCourt of Appeals of Georgia · 1983
- Empire Mills Co. v. Burrell Engineering & Construction Co.Court of Appeals of Georgia · 1916
- First Baptist Church v. Toll Highway AuthorityAppellate Court of Illinois · 1998
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3Cited by4 opinions
- GEORGIA NORTHEASTERN R. CO., INC. v. LuskSupreme Court of Georgia · 2003
- City of Roswell v. BoltonCourt of Appeals of Georgia · 2004
- Georgia Northeastern Railroad v. LuskCourt of Appeals of Georgia · 2004
- John McKnight v. Anthony LoveCourt of Appeals of Georgia · 2023