Davis v. Central Rail Road & Banking Co.
Supreme Court of Georgia
Trespass, in Bibb Superior Court. Tried before Judge Hardeman, November Term, 1854. This was a proceeding in the County of Bibb, against the Central Rail Road & Bk’g. Co., for killing two mules belonging to the plaintiff.
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Trespass, in Bibb Superior Court. Tried before Judge Hardeman, November Term, 1854. This was a proceeding in the County of Bibb, against the Central Rail Road & Bk’g. Co., for killing two mules belonging to the plaintiff. The case turned upon the constitutionality of the Act of 1854, which authorized such proceedings against Rail Road Companies, to he had in the County where the fact occurred, and the point was brought up by the defendant’s plea to the jurisdiction of the Court, which was sustained by the Court; and the Act in question was held to he unconstitutional. On this decision error…
1Opinion of the Court
By the Court.
Penning, J.
delivering the opinion.
These two cases were argued and decided together.' In each' is but a single question, and that is common to both. The Courts below, from which the cases respectively come, decided the Act of the General Assembly of the 20th February, 1854,. to define the liabilities of the several Rail Road Companies off this State, for injuries done to stock, &c. by their cars, &c. and to regulate the mode of proceeding in such cases, &c. to be unconstitutional. And those are the decisions assigned as error in this Court.'
Consulting convenience, I shall treat…
2Cases cited2 opinions
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- Gilbert v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1898
- South-Western Railroad v. PaulkSupreme Court of Georgia · 1858
- Central Georgia Power Co. v. StubbsSupreme Court of Georgia · 1913
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