Legal Opinion

Brown v. Bensonn

Supreme Court of Georgia

Decided July 10, 1897PublishedCited by 6 opinions

Actions for damages. Before Judge Reese. Hart superior court. September term, 1896. These two suits were brought against the receiver of the Hartwell Railroad Company, for damages resulting to the plaintiffs by the burning of their woodlands by fire which they claimed to have been thrown out from the locomotive of a train running on the railroad. A nonsuit was granted; to which ruling, and to two others hereafter noted, exceptions were taken.

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Actions for damages. Before Judge Reese. Hart superior court. September term, 1896. These two suits were brought against the receiver of the Hartwell Railroad Company, for damages resulting to the plaintiffs by the burning of their woodlands by fire which they claimed to have been thrown out from the locomotive of a train running on the railroad. A nonsuit was granted; to which ruling, and to two others hereafter noted, exceptions were taken. The testimony was, in brief, as follows: About ten o’clock on the morning of April 21, 1894, the train running from Hartwell to Bowersville passed by…

1Opinion of the CourtLittle, J.

These two cases involving the same facts, and necessarily governed by the same principles of law, were consolidated and argued together in this court. The case of Brown v. Benson, receiver, has heretofore been passed on by this court. Practically the same evidence is here now in both cases as was in the former record of that case. Then the judge below granted a nonsuit in the case, which was reversed by this court. See 98 Ga. 372. A nonsuit was also granted in the present cases, and exception is taken thereto, and also to certain rulings of the court, which we will now consider.

1. There was a…

2Cases cited17 opinions

  1. Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
  2. Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
  3. Baltimore & Susquehanna Rail Road v. WoodruffCourt of Appeals of Maryland · 1853
  4. Brighthope Railway Co. v. RogersSupreme Court of Virginia · 1881
  5. Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1883

12 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Louisville & Nashville Railroad v. StuddardCourt of Appeals of Georgia · 1925
  2. Atlantic Coast Line Railroad v. McElmurray Bros.Court of Appeals of Georgia · 1914
  3. Western & Atlantic Railroad v. SlateCourt of Appeals of Georgia · 1919
  4. Westbrook v. BeusseCourt of Appeals of Georgia · 1949
  5. Hendricks v. Southern Railway Co.Supreme Court of Georgia · 1905

1 more not listed; retrieve them via the Exa API.

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