Mitchell v. Southwestern Railroad
Supreme Court of Georgia
Railroads. Jurisdiction. Service. Damages. Actions. Malicious Suit. Injunction. Before N. A. Smith, Esq., Judge pro Jiao vice. Sumter Superior Court.
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Railroads. Jurisdiction. Service. Damages. Actions. Malicious Suit. Injunction. Before N. A. Smith, Esq., Judge pro Jiao vice. Sumter Superior Court. April Term, 1885. On March 19, 1883, B. C. Mitchell brought his action for damages against the Southwestern Railroad Company, alleging, in brief, as follows;. In 1S80, and prior to that time, the plaintiff was the owner and in the rightful enjoyment of a valuable mill in the city of Americus, in Sumter county, which was run by water-power, and was located near the railroad of the defendant. He had the right to flood the land of the company with…
1Opinion of the Court
Blandford, Justice.
1. There are several questions in this case. It is insisted that there was no jurisdiction in Sumter superior court to hear and determine this case, because there was no agent of said company resident in Sumter county, upon whom service could be perfected. To this the plaintiff replied, that the acts of defendant and the damage which was done were done in Sumter county. We think that section 3406 of the Code, which enacts that railroad companies shall be liable to be sued in any county in which the cause of action originated, by any one whose person or property has been…
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