Elberton & Eastern Railroad v. Campbell

1. J. W. Campbell brought suit in Wilkes superior court against the Elberton & Eastern Railroad Company for damages because of an injury to his mule when the mule atempted to cross a stock-gap or cattle-guard erected by the defendant at a way on the lands of the plaintiff where stock were in the habit of crossing, which was alleged by plaintiff to be defective and out of repair. The defendant demurred to the petition, upon the grounds that it did not show that the plaintiff was the owner of the legal title to the lands; that it did not set forth that the stock-gap was located at a public…