Georgia Railroad & Banking Co. v. Neely
Supreme Court of Georgia
Railroads. Fences. Damages. Before Judge Pottdis. Oglethorpe Superior Court. April Term, 1876. Neely brought case against the Georgia Railroad and Banking Company for damages resulting from the killing of a mule and the disabling of a colt, both the property of the plaintiff. The defendant pleaded not guilty. The evidence presented, in brief, the following facts : The plaintiff, having made his crop, turned his mule out, having first hobbled her.
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Railroads. Fences. Damages. Before Judge Pottdis. Oglethorpe Superior Court. April Term, 1876. Neely brought case against the Georgia Railroad and Banking Company for damages resulting from the killing of a mule and the disabling of a colt, both the property of the plaintiff. The defendant pleaded not guilty. The evidence presented, in brief, the following facts : The plaintiff, having made his crop, turned his mule out, having first hobbled her. The mule, by grazing, would feed herself, saving the plaintiff the expense of keeping her. The colt was also turned out. Both went upon the track of…
1Opinion of the Court
Bleckley, Judge.
1. Georgia, for the most part, is unfenced. For purposes of mere transit, unenclosed territory is here scarcely less common to things that go upon land than are the high seas to ships and steamers. Cattle have, in this state, generally, license to range at large at the will of their owners. And, with the right of way secured, railroad trains may run along their prepared and pre-established paths, through forest as well as field. Corporations are not bound to fence their lines, nor farmers to confine their ordinary domestic animals. Nor is it incumbent upon either to prevent…
2Cited by25 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Wynne v. Southern Bell Telephone & Telegraph Co.Supreme Court of Georgia · 1925
- Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896
- Malcom v. MalcolmCourt of Appeals of Georgia · 1965
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
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