Brown Store Co. v. Chattahoochee Lumber Co.
Supreme Court of Georgia
Action for damages. Before Judge Bower. City court of Bainbridge. June 30, 1904. The petition of the Brown Store Company alleged the following: On June 25, 1902, it owned two (described) houses and lots in Donalsonville, in which it had a stock of merchandise, a dining-hall, and a barber-shop.
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Action for damages. Before Judge Bower. City court of Bainbridge. June 30, 1904. The petition of the Brown Store Company alleged the following: On June 25, 1902, it owned two (described) houses and lots in Donalsonville, in which it had a stock of merchandise, a dining-hall, and a barber-shop. The defendant, the Chattahoochee Lumber Company, owned and operated a sawmill in that town, and in connection therewith had a slab-pit wherein it maintained a fire in which was burned a large quantity of slabs and other refuse matter from the sawmill, dumped into the pit through an elevator. The fire in…
1Opinion of the CourtSimmons, C. J.
The first three headnotes require no elaboration. As to the fourth, see the case of Supreme Conclave Knights of Damon v. Wood, 120 Ga. 328. As to the fifth, see Civil Code, § 3913, and Cheeves v. Danielly, 80 Ga. 115. As to the degree of diligence due by the defendant to the plaintiff the court in effect charged that, if the slab-pit was not a nuisance, then plaintiff could not recover unless it appeared that the defendant had been grossly negligent in its operation. It is clear that the defendant was bound, in such case, to exercise ordinary and reasonable care and diligence. 1 Thomp. Neg.…
2Cases cited4 opinions
- Supreme Conclave Knights of Damon v. WoodSupreme Court of Georgia · 1904
- Macon & Western Railroad v. DavisSupreme Court of Georgia · 1853
- Southern Mutual Insurance v. HudsonSupreme Court of Georgia · 1901
- Macon & Western Railroad v. McConnellSupreme Court of Georgia · 1860
3Cited by16 opinions
- Livingston v. Epsten-Roberts Co.Court of Appeals of Georgia · 1934
- Splish Splash Waterslides, Inc. v. Cherokee InsuranceCourt of Appeals of Georgia · 1983
- Queen v. Patent Scaffolding Co.Court of Appeals of Georgia · 1933
- Staten v. General Exchange InsuranceCourt of Appeals of Georgia · 1928
- Allen v. Southern Railway Co.Court of Appeals of Georgia · 1924
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