Central of Georgia Railway Company v. Hawes

Bell, Presiding Judge.

Plaintiff owned a building located on land which he occupied as defendant’s tenant under a lease exempting defendant from liability for injuries caused by negligence. On December 13, 1966, a train operated by defendant left the tracks and struck and destroyed the building. Plaintiff brought this suit to recover for the damages. On the former appearance of this case we reversed the trial court’s judgment sustaining defendant’s motion to dismiss the complaint for failure to state a claim. See Hawes v. Central of Ga. R. Co., 117 Ga. App. 771 (162 SE2d 14). We also pointed…