Smith v. Southern Railway Co.
Supreme Court of Georgia
Action for penalty. Before Judge Wright. Floyd superior court. October 21, 1907. The plaintiffs brought suit against the defendant, making substantially the following allegations. The defendant operates a line of railroad across and at right angles to the boundary line between land lots 175 and 176. The plaintiffs own that portion of land lot 175 lying next to the other land lot.
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Action for penalty. Before Judge Wright. Floyd superior court. October 21, 1907. The plaintiffs brought suit against the defendant, making substantially the following allegations. The defendant operates a line of railroad across and at right angles to the boundary line between land lots 175 and 176. The plaintiffs own that portion of land lot 175 lying next to the other land lot. There was a fence between said lots on the dividing line that would have protected the plaintiffs’ crops and fruit trees but for the fact that there were no cattle-guards on the railroad track on the dividing line.…
1Opinion of the CourtHolden, J.
(After stating the facts.) 1. The plaintiffs, brought suit to. recover the penalty of $25 per day provided for in Civil Code, §2244, because of the failure of the defendant to erect-a cattle-guard within 30 days after notice was served on the defendant to erect such cattle-guard, as provided in the Civil Code, § 2243; and to the order of the court, granting a nonsuit at the conclusion of plaintiffs’ evidence, they excepted. The defendant contends that the notice directed to it was not served on any agent or officer of the defendant, but that A. McCollister, on whom it was served, was neither…
2Cases cited1 opinion
- Southern Bell Telephone & Telegraph Co. v. ParkerSupreme Court of Georgia · 1904
3Cited by14 opinions
- Southeastern Fidelity Insurance v. HeardCourt of Appeals of Georgia · 1971
- Georgia Railway & Power Co. v. HeadSupreme Court of Georgia · 1920
- Central Georgia Power Co. v. NolenSupreme Court of Georgia · 1915
- Radcliffe v. Boyd Motor Lines, Inc.Court of Appeals of Georgia · 1973
- Adams v. Overland-Madison Co.Court of Appeals of Georgia · 1921
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