Georgia Railroad & Banking Co. v. Gardner
Supreme Court of Georgia
Action for damages. Before Judge Brinson. Richmond superior court. January 30, 1902.
1Opinion of the CourtLumpkin, P. J.
1. One who enters upon and injures another’s land is not, though a trespasser, liable for punitive damages, when the acts causing the injury were done in good faith under the honest belief that the land belonged to the former, and there was nothing in the manner of doing such acts to indicate an intention to wantonly disregard the rights of the true owner. See Mining Co. v. Irby, 40 Ga. 479; Carli v. Depot Co., 32 Minn. 101.
2. It was in the present case erroneous to give in charge to the jury section 3900 of the Civil Code, which authorizes the giving of such damages in cases of tort where…
2Cases cited2 opinions
- Yahoola River & Cane Creek Hydraulic Hose Mining Co. v. IrbySupreme Court of Georgia · 1869
- Carli v. Union Depot, Street Railway & Transfer Co.Supreme Court of Minnesota · 1884
3Cited by15 opinions
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- Investment Securities Corp. v. ColeSupreme Court of Georgia · 1938
- Tennessee, Alabama & Georgia Railway Co. v. ZugarSupreme Court of Georgia · 1942
- Hateley v. StateSupreme Court of Georgia · 1903
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