Jones v. Central Railroad & Banking Co.
Supreme Court of Georgia
Case in Chatham Superior Court.. Decision by Judge Fleming. May, 1856. This was an action brought by James W. Jones,.plaintiff, against the Central Railroad and Banking Company of Georgia, lessees of the Augusta and Waynesboro Railroad, under the fifth section of the Act of 1847. That section is in these words: “Before entering oil his duties, the engineer shall take and subscribe an oath to render a true account to the agent at the depot as above required of all property…
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Case in Chatham Superior Court.. Decision by Judge Fleming. May, 1856. This was an action brought by James W. Jones,.plaintiff, against the Central Railroad and Banking Company of Georgia, lessees of the Augusta and Waynesboro Railroad, under the fifth section of the Act of 1847. That section is in these words: “Before entering oil his duties, the engineer shall take and subscribe an oath to render a true account to the agent at the depot as above required of all property damaged as aforesaid, and any Railroad company employing an engineer to whom such oath has not been administered, shall…
1Opinion of the Court
*107 By the Court.
Benning, J.
delivering the opinion.
The question is, was the non-suit right ?
The non-suit was right if the fifth section of the Act of 1847, “to define the liabilities of the several Railroad Companies of this State, for injury to, or destruction of livestock,” &c.,. was repealed by the act of 1854, “to define the liabilities of the several Railroad Companies of this State, for injury to, or destruction of live stock,” &c.
The Act of 1847, prescribed a particular mode of redress for the injury or destruction of live stock, and other property, by the Railroad companies.
The fifth…
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