Louisville & Nashville Railroad v. Kohlruss
Supreme Court of Georgia
Action for damages. Before Judge Hammond. Columbia superior court. April 17, 1905. The suit was on account of injury sustained by the plaintiff from fire thrown from a locomotive, whereby his trees and fqnce were burned. The verdict was in his favor for $110, and the defendant excepted to the refusal of a new trial.
Read the full summary
Action for damages. Before Judge Hammond. Columbia superior court. April 17, 1905. The suit was on account of injury sustained by the plaintiff from fire thrown from a locomotive, whereby his trees and fqnce were burned. The verdict was in his favor for $110, and the defendant excepted to the refusal of a new trial. Upon the measure of damages the court charged the jury: “If the evidence shows that the trees were ornamental trees and were situated in an enclosed park and planted there for park purposes only, the jury may take into consideration the value of the trees for the purposes…
1Opinion of the CourtEvans, J.
The measure of damages for the negligent firing and destruction of the fencing and ornamental trees on the plaintiff’s land by the railroad company in the operation of its train was the diminution in value of the premises resulting from the injury caused by such firing. The charge of the court could not have been reasonably misunderstood *251by the jury as presenting a different rule. The evidence fully supported the verdict.
Submitted October 10, Decided November 13, 1905. Action for damages. Before Judge Hammond. Columbia superior court. April 17, 1905. The suit was on account of injury…
2Cited by16 opinions
- Milltown Lumber Co. v. CarterCourt of Appeals of Georgia · 1908
- Western & Atlantic Railroad v. TateSupreme Court of Georgia · 1907
- United States v. Fred T. SullivanCourt of Appeals for the Eleventh Circuit · 1993
- McConnell Bros. v. SlappeySupreme Court of Georgia · 1910
- Whitaker Acres, Inc. v. SchrenkCourt of Appeals of Georgia · 1984
11 more not listed; retrieve them via the Exa API.