Atlanta, Birmingham & Atlantic Railway Co. v. Whitehead
Court of Appeals of Georgia
1Opinion of the CourtJenkins, P. J.
In a suit for damages against a railway company on account of the burning of property adjacent to its line, while it is the rule that, upon it being shown by the plaintiff that the injury to his property was occasioned by sparks emitted from the defendant’s locomotive, a rebuttable presumption thereupon arises that the loss was caused by the alleged particular acts of negligence complained of (Central of Ga. Ry. Co. v. Trammell, 23 Ga. App. 25 (2), 97 S. E. 461), it is neverthe- . less true that the petition of the plaintiff must set forth and charge that the defendant was guilty of some…
Also in this document: Concurrence.
2Cases cited7 opinions
- Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Seaboard Air-Line Railway v. PierceSupreme Court of Georgia · 1904
- Louisville & Nashville Railroad v. CodySupreme Court of Georgia · 1904
- South Georgia Railway Co. v. RyalsSupreme Court of Georgia · 1905
- Southern Railway Co. v. PopeSupreme Court of Georgia · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rogers v. JohnsonCourt of Appeals of Georgia · 1956
- Carter v. PowellCourt of Appeals of Georgia · 1938
- Morgan v. LimbaughCourt of Appeals of Georgia · 1947
- Sarno v. HoffmanCourt of Appeals of Georgia · 1964
- Washington County v. SheppardCourt of Appeals of Georgia · 1933
4 more not listed; retrieve them via the Exa API.