Southern Railway Co. v. Horine
Supreme Court of Georgia
Action for damages. Before Judge Janes. Haralson superior court. January 24, 1902. On the trial of the case made by the allegations set out in the opinion, the testimony for the plaintiff showed that on April 10, about eleven o’clock in the morning, a freight-train of the defendant passed the plaintiff’s land, going west, and moving as if it were heavily loaded. For over a mile there was a heavy grade in that part of the railroad. An east wind was blowing hard.
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Action for damages. Before Judge Janes. Haralson superior court. January 24, 1902. On the trial of the case made by the allegations set out in the opinion, the testimony for the plaintiff showed that on April 10, about eleven o’clock in the morning, a freight-train of the defendant passed the plaintiff’s land, going west, and moving as if it were heavily loaded. For over a mile there was a heavy grade in that part of the railroad. An east wind was blowing hard. In five minutes after the train passed, a witness, working in a field a quarter of a mile distant, saw smoke rising from fire on the…
1Opinion of the CourtCobb, J.
Horine sued the Southern Railway Company for damages growing out of the destruction of a fence by a fire, it being alleged that the defendant “carelessly permitted fire from the engine of the local freight-train, going west, to be thrown out, whereby the litter which said company had permitted [to] accumulate on said right of way was ignited, and the fire spread therefrom and burned and destroyed said fence and rails so built and constructed on petitioner’s farm.” The trial resulted in a verdict in favor of the plaintiff, and the defendant complains that the court refused to grant it a new…
2Cases cited1 opinion
- Southern Railway Co. v. PaceSupreme Court of Georgia · 1902
3Cited by6 opinions
- Southern Railway Co. v. HerringtonSupreme Court of Georgia · 1907
- Atlantic Coast Line Railroad v. McElmurray Bros.Court of Appeals of Georgia · 1913
- Alabama Midland Railway Co. v. Swindell & Co.Supreme Court of Georgia · 1903
- Southern Railway Co. v. SmithCourt of Appeals of Georgia · 1918
- Southern Railway Co. v. ElliottSupreme Court of Georgia · 1907
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