Weatherington v. Georgia Southern & Florida Railway Co.

1. “-Ordinary domestic animals may, in this State, generally, range upon the right of way of a railroad company or other uninclosed lands. They therefore can not be regarded as trespassers upon the track of a railroad company.” Georgia Railroad Co. v. Churchill, 113 Ga. 12 (38 S. E. 336). A fortiori, such animals ranging upon that portion of the right of way not occupied by the tracks can not be considered as trespassers. Consequently, where the death of a domestic animal is due to the negligence of a railroad company in maintaining upon its right of way an unprotected open well, the owner of…