Carden v. Atlanta, Birmingham & Atlantic Railway Co.
Court of Appeals of Georgia
Action for damages; from Campbell superior court—Judge Smith. August 7, 1918. ■ In the petition it was alleged in substance that,about 11 o’clock p. m. on April %%, 1916, the engine of the defendant’s passenger-train No. 4, moving from Atlanta to Brunswick, while passing the plaintiff’s gin-house and mill house, emitted from its smokestack quantities of firebrands, cinders, and live coals, which fell upon the right of way of the railroad and upon the plaintiff’s houses, and…
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Action for damages; from Campbell superior court—Judge Smith. August 7, 1918. ■ In the petition it was alleged in substance that,about 11 o’clock p. m. on April %%, 1916, the engine of the defendant’s passenger-train No. 4, moving from Atlanta to Brunswick, while passing the plaintiff’s gin-house and mill house, emitted from its smokestack quantities of firebrands, cinders, and live coals, which fell upon the right of way of the railroad and upon the plaintiff’s houses, and set fire to dry grass and weeds and other inflammable matter on the right of way, from which fire was communicated to…
1Opinion of the CourtBroyles, P. J.
“In the absence of any testimony at the trial under review that the engines of the defendant company were equipped with' proper spark-arresters, the various circumstances in proof were sufficient to require a submission to the jury of the issue whether the fire which destroyed the plaintiff’s property was caused by the negligence of the defendant company.” Jarrell v. Seaboard Air-Line Ry., 21 Ga. App. 415 (3) (94 S. E. 648). Under this ruling and the facts of the present case, after the allowance of the amendment to the petition, the court erred in awarding a nonsuit.
Judgment reversed.
Bloodwor…
2Cases cited10 opinions
- State Bar Commission Ex Rel. Williams v. SullivanSupreme Court of Oklahoma · 1912
- Gordon v. SpellmanSupreme Court of Georgia · 1916
- Whitehurst v. . KerrSupreme Court of North Carolina · 1910
- Seaboard Air-Line Railway v. JarrellSupreme Court of Georgia · 1916
- Jarrell v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1917
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