Grier v. Ward
Supreme Court of Georgia
Trespass, in Randolph. Tried before Judge Kiddoo, at November adjourned Term, 1856. This was an"action of trespass brought by Daniel Ward, against Samuel A. Grier, for throwing four bales of cotton belonging to plaintiff into the Chattahoochee river. It appeared that plaintiff was hauling his cotton to a ferry or landing on said river, and was driving through defendant’s premises. Defendant met him and forbid him from going through his plantation, and ordered him back.
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Trespass, in Randolph. Tried before Judge Kiddoo, at November adjourned Term, 1856. This was an"action of trespass brought by Daniel Ward, against Samuel A. Grier, for throwing four bales of cotton belonging to plaintiff into the Chattahoochee river. It appeared that plaintiff was hauling his cotton to a ferry or landing on said river, and was driving through defendant’s premises. Defendant met him and forbid him from going through his plantation, and ordered him back. Plaintiff turned round and went another way, but again came to defendant’s enclosure, pulled down the fence and drove through…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
Ought the Court to have granted the motion for a new trial?
We think so. We think that the following propositions are true :
1st. That if Ward put the cotton on the land of Grier without Grier’s consent, Grier had the right to remove the cotton from his land.
2dly. But, that Grier, in the exercise of this right, was bound not to injure the cotton unnecessarily.
3dly. That if the cotton belonged to Davis, Ward could not recover anything.
4thly. That if the cotton belonged to Ward, yet if, by himself or another, he got it again, he was not entitled to…
2Cited by8 opinions
- Western & Atlantic Railroad v. TurnerSupreme Court of Georgia · 1884
- Milledgeville Water Co. v. FowlerSupreme Court of Georgia · 1907
- Community Federal Savings & Loan Ass'n v. Foster Developers, Inc.Court of Appeals of Georgia · 1986
- Kimsey v. RogersSupreme Court of Georgia · 1928
- Jones v. Knightstown Body Co.Court of Appeals of Georgia · 1936
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