Greene v. Central of Georgia Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Felton. Houston superior court. April term, 1901. The action was for damages on account of a fire which injured certain pecan trees of the plaintiff near the railroad track of the defendant, it being alleged that the fire was communicated from a passing engine.
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Action for damages. Before Judge Felton. Houston superior court. April term, 1901. The action was for damages on account of a fire which injured certain pecan trees of the plaintiff near the railroad track of the defendant, it being alleged that the fire was communicated from a passing engine. The plaintiff testified, in part: “When I got there the thing, was burning on the far side of my grove from the railroad track, and had spread all over it, and the stubble was all burning along the embankment and right of way; it was still smoking and some of it burning, but mostly smoking; it had…
1Opinion of the CourtAtkinson, J.
The evidence in this ease was sufficient to authorize a finding that the fire which injured the plaintiff’s property was communicated from the defendant’s engine; and it was erroneous for the court to grant a nonsuit. See Port Royal Ry. Co. v. Griffin, 86 Ga. 172 (12 S. E. 303) ; Central Ry. Co. v. Trammell, 114 Ga. 312 (40 S. E. 259) ; Southern Ry. Co. v. Herrington, 128 Ga. 438 (57 S. E. 694).
Judgment reversed.
All the Justices •concur. II. A. Mathews and O. L, Shepard, for plaintiff. 'Wimberly & Jordan, for defendant.
2Cases cited3 opinions
- Central of Georgia Railway Co. v. TrammellSupreme Court of Georgia · 1901
- Southern Railway Co. v. HerringtonSupreme Court of Georgia · 1907
- Port Royal & W. C. Railway Co. v. GriffinSupreme Court of Georgia · 1890
3Cited by6 opinions
- Louisville & Nashville Railroad v. StuddardCourt of Appeals of Georgia · 1925
- Candler v. Automatic Heating Inc.Court of Appeals of Georgia · 1929
- Jarrell v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1917
- Smith v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1908
- Fussell v. Atlantic Coast Line Railroad Co.Court of Appeals of Georgia · 1948
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