Hines v. Bellah
Court of Appeals of Georgia
Action for damages; from Henry superior court — Judge Searcy. February 14, 1920. Mrs. Bellah’s clothes caught fire and she was burned when attempting to extinguish fire in grass, which she alleged was caused by sparks and cinders thrown out from an engine of the Southern Bailway Company, and she sued for damages.
Read the full summary
Action for damages; from Henry superior court — Judge Searcy. February 14, 1920. Mrs. Bellah’s clothes caught fire and she was burned when attempting to extinguish fire in grass, which she alleged was caused by sparks and cinders thrown out from an engine of the Southern Bailway Company, and she sued for damages. The action was originally against the railway company and the Federal director-general operating its railroad on the date of the injury (March .23, 1919), but on demurrer the petition was amended so as to proceed against the director-general alone. In the argument in support of the…
1Opinion of the CourtStephens, J.
1. In a suit against a railroad company to recover for dam-, age alleged to have been caused by the emission of sparks from a passing engine of the defendant, where the undisputed evidence shows that the defendant’s engine was, at the time it is alleged the sparks were emitted, equipped with a proper spark-arrester in good condition, and there is no affirmative evidence, either positive or circumstantial, that any sparks ever escaped from the engine, a verdict for the plaintiff is unauthorized. Gainesville, Jefferson & Southern R. Co. v. Edmondson, 101 Ga. 747.
2. The questions raised on the…
2Cases cited4 opinions
- Gainesville, Jefferson & Southern Railroad v. EdmondsonSupreme Court of Georgia · 1897
- Wilson v. Central of Georgia Railway Co.Supreme Court of Georgia · 1909
- State v. . ConnorSupreme Court of North Carolina · 1920
- Hines v. ZellnerCourt of Appeals of Georgia · 1920
3Cited by6 opinions
- Walker Hauling Co., Inc. v. JohnsonCourt of Appeals of Georgia · 1964
- Schmartz v. HargerConnecticut Superior Court · 1961
- Davis v. BellahCourt of Appeals of Georgia · 1923
- Georgia, Ashburn, Sylvester & Camilla Railway Co. v. CollinsCourt of Appeals of Georgia · 1968
- Atlantic Coast Line Railroad v. OliventCourt of Appeals of Georgia · 1953
1 more not listed; retrieve them via the Exa API.