Legal Opinion

Smith v. Central of Georgia Railway Co.

Supreme Court of Georgia

Decided October 20, 1916PublishedCited by 21 opinions

Action for damages. Before Judge Gilbert. Talbot superior court. August 25, 1915.

1Opinion of the CourtHill, J.

Tennie E. Smith brought suit against the Central of Georgia Railway Company, to recover damages for permanent injury to her land, alleged to have been caused by certain obstructions placed in a stream in 1904 and 1909. The defendant demurred to the petition, because “it affirmatively appears from the allegations in the petition that the plaintiff can not legally enforce her claim for damages against this defendant.” The court sustained the demurrer, in an order wherein it is ruled and stated that “the general demurrer to said petition be and the same is hereby sustained, and said petition…

2Cases cited1 opinion

  1. Curtis v. College Park Lumber Co.Supreme Court of Georgia · 1916

3Cited by21 opinions

  1. Pinkerton National Detective Agency, Inc. v. StevensCourt of Appeals of Georgia · 1963
  2. Consolidated Distributors Inc. v. City of AtlantaSupreme Court of Georgia · 1942
  3. Harrell v. ParkerSupreme Court of Georgia · 1938
  4. Sammons v. NabersSupreme Court of Georgia · 1938
  5. Lee v. HolmanSupreme Court of Georgia · 1937

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