Columbus Railroad v. Woolfolk
Supreme Court of Georgia
Action for damages. Before Judge Little. Muscogee superior court. March 9, 1906. ' . Woolfolk brought suit to recover the value of a dog alleged to have been wilfully and wantonly killed by the running of a street-car on defendant’s line of road.
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Action for damages. Before Judge Little. Muscogee superior court. March 9, 1906. ' . Woolfolk brought suit to recover the value of a dog alleged to have been wilfully and wantonly killed by the running of a street-car on defendant’s line of road. It .is alleged that plaintiff’s dog came on the track about one hundred and fifty feet in front of said car, and in full view of the motor man in charge thereof, and that said motorman immediately, and “with intent to kill said dog, increased the speed of s.aid ear, and did wilfully, wantonly, maliciously, and unlawfully run down said dog,” and…
1Opinion of the CourtBeck, J.
(After 'stating the facts.)
1. “By the common law, a dog .is property, for an injury to which an action will lie. Wright v. Ramscot, 1 Saund. 84; 2 Bl. Comm. 293.” Uhlein v. Cromack, 109 Mass. 273; St. Louis Ry. Co. v. Stanfield, 63 Ark. 643; 2 Am. & Eng. Enc. Law (2d ed.), 347; 4 Bl. Comm. 236. As was said by the court in the case of Graham v. Smith, 100 Ga. 434, the property of the owner in a dog “seems to be better defined at common law than it is by the construction which this court has put upon our statutes.” The decision in Jemison v. Railroad Co., 75 Ga. 444, holding that a suit can not…
2Cases cited11 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Central of Georgia Railway Co. v. BrownSupreme Court of Georgia · 1901
- Jemison v. Southwestern RailroadSupreme Court of Georgia · 1885
- Graham v. SmithSupreme Court of Georgia · 1897
- Strong v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1903
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