Charleston & Western Carolina Railway Co. v. McElmurray Bros.
Court of Appeals of Georgia
Action for damages; city court of Bichmond county—Judge W. F. Eve. January 5, 1912. The action was for damages on account of fire alleged to have been caused by sparks from the locomotive of a passenger-train passing the plaintiffs’ land.
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Action for damages; city court of Bichmond county—Judge W. F. Eve. January 5, 1912. The action was for damages on account of fire alleged to have been caused by sparks from the locomotive of a passenger-train passing the plaintiffs’ land. The petition alleges, that the right of way of the defendant railway company, running through the land of the plaintiffs, and immediately adjoining that portion which was burned over by the fire alleged to have been set out by the defendant’s locomotive, was, just previous to the said fire, in a foul condition from an overgrowth of dry grass, weeds, “and…
1Opinion of the CourtRussell, J.
1. The petition, properly construed, based the plaintiff’s right of action not only upon the negligence of the defendant in so operating its engine as to cause an unusual emission of sparks, but also upon the negligence of the defendant in permitting the accumulation of combustible matter on its right of way. It therefore set forth a right of action, and the court did not err in overruling the general demurrer. The special demurrers were without merit. The plaintiff was not required to state the particular agent of the defendant whom he notified of the company’s negligence as to the…
2Cited by2 opinions
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