Daniel v. Perkins Logging Co.
Court of Appeals of Georgia
Action for damages; from c-itv court of Millen — Judge Jones. December 19, 1910. The petition alleged.substantially the following facts: The plaintiff, James Daniel, was tenant in possession of described farm property, on which was a bridge across a boggy branch separating a cultivated field from the remainder of the farm. Plaintiff made constant use of the bridge in going to and from the field.
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Action for damages; from c-itv court of Millen — Judge Jones. December 19, 1910. The petition alleged.substantially the following facts: The plaintiff, James Daniel, was tenant in possession of described farm property, on which was a bridge across a boggy branch separating a cultivated field from the remainder of the farm. Plaintiff made constant use of the bridge in going to and from the field. The bridge belonged to his landlord, but had been rented to him for use along with the land, all of ^hich was known to the defendant. Perkins Logging Company. Without authority from the plaintiff or…
1Opinion of the CourtRussell, J.
Bare possession, either of land or a chattel, authorizes the possessor to recover damages from any person who wrongfully in any manner interferes with such possession. Civil Code (1910), §§ 4472, 4482; Connally v. Hall, 84 Ga. 198 (10 S. E. 738). The petition in the present case alleges both possession in the plaintiff and illegal interference therewith by the defendant; and this alone would entitle the plaintiff to recover general damages; so the petition is good as against a general demurrer. Civil Code (1910), § 4507.
Where an intruder illegally interferes with or evicts a tenant, the…
2Cases cited3 opinions
- Bass v. WestSupreme Court of Georgia · 1900
- Hayes v. City of AtlantaCourt of Appeals of Georgia · 1907
- Connally v. HallSupreme Court of Georgia · 1890
3Cited by8 opinions
- Bowen v. WatersCourt of Appeals of Georgia · 1984
- Levy, Brother & Co. v. AllenCourt of Appeals of Georgia · 1936
- Hughes v. BivinsCourt of Appeals of Georgia · 1923
- Ambort v. TaricaCourt of Appeals of Georgia · 1979
- Collins v. BakerCourt of Appeals of Georgia · 1935
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