Savannah & Atlanta Railway Co. v. DeBusk

(After stating the foregoing facts.) 1. The judge should have stricken paragraph 5 (a, b) of the petition as amended, in which it was alleged that the defendant’s servants in charge of maintaining the roadbed and railroad tracks of the defendant where the mules were killed “planted, or negligently permitted to grow on said track and roadbed a luxuriant growth of Bermuda grass, which offered much better grazing for said mules than the adjacent lands which were covered with broom sedge; said grass served as a lure to entice said mules to come upon said track and graze.” While it is negligence…