Legal Opinion
Western & Atlantic Railroad v. Maynard
Supreme Court of Georgia
Decided February 11, 1913PublishedCited by 5 opinions
Action for damages. Before Judge Eite. Whitfield superior court. September 7, 1911.
1Opinion of the CourtEvans, P. J.
The suit is to recover damages of a railroad.company for the destruction of the plaintiff’s property by fire caused by the emission of lighted cinders from a locomotive of the defendant, while passing her property. The defendant was alleged to have been negligent in failing to provide proper appliances and proper fuel, and in the operation of the locomotive. Demurrers to the petition were overruled. A verdict was returned against the defendant, which the court refused to vacate on motion for new trial.
*4081, A railroad company in the operation of its trains is not only bound to exercise ordinary…
2Cases cited3 opinions
- Southern Railway Co. v. ThompsonSupreme Court of Georgia · 1907
- Raleigh Hosiery Co. v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1902
- East Tenn., Va. & Ga. Railway Co. v. HestersSupreme Court of Georgia · 1892
3Cited by5 opinions
- Atlantic Coast Line Railroad v. McElmurray Bros.Court of Appeals of Georgia · 1914
- Pollard v. WaltonCourt of Appeals of Georgia · 1937
- Southern Railway Co. v. ScottSupreme Court of Georgia · 1960
- Howard v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1922
- Western & Atlantic Railroad v. MaynardSupreme Court of Georgia · 1914