Gainesville Midland Railroad v. Tyner

Candler, Justice.

(After stating the foregoing facts.) There is no merit in the contention that the court erred in overruling the general demurrer. The allegations of the petition were sufficient not only to show a trespass, but a continuing one, on the plaintiffs’ land, and this being true the case comes within the rule that equity will, by injunction, repress a continuous trespass. Wall v. Mercer, 119 Ga. 346 (46 S. E. 420); Martin v. Pattillo, 126 Ga. 436 (65 S. E. 240); Loudermilk v. Martin, 130 Ga. 525 (61 S. E. 122); Moore v. Daugherty, 146 Ga. 176 (91 S. E. 14); Durrence v. Groover, 160…