Western & Atlantic Railroad v. Brown
Supreme Court of Georgia
Action for damages. Before Judge Milner. Whitfield superior court. October term, 1896. Brown sued the railroad company for $500, by reason of the negligent killing of a jennet. The defendant admitted the killing, but denied that the jennet was worth $500 or any • other large sum,- and denied that the killing was due to any fault or negligence on the part of the defendant or its servants. There was a verdict for the plaintiff for $108.16§ and costs of , suit.
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Action for damages. Before Judge Milner. Whitfield superior court. October term, 1896. Brown sued the railroad company for $500, by reason of the negligent killing of a jennet. The defendant admitted the killing, but denied that the jennet was worth $500 or any • other large sum,- and denied that the killing was due to any fault or negligence on the part of the defendant or its servants. There was a verdict for the plaintiff for $108.16§ and costs of , suit. A motion for a new trial was overruled, and defendant ■excepted. The motion alleges, in addition to the general grounds, that the court…
1Opinion of the CourtLittle, J.
1. It is not necessary to cite authorities for the proposition that, as a matter of law, unliquidated demands arising ex delicto do not bear interest. Our Civil Code, § 3800, provides that “In all cases where an amount ascertained would be the damages at the time of the breach, it may be increased by the addition of legal interest from that time till the recovery.” This provision applies in a suit for damages for ..breach of contract; but in cases arising ex delicto for the *15value of property destroyed, where the measure of damage is .the value of the property, the same reasoning would apply…
2Cases cited6 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Ratteree v. ChapmanSupreme Court of Georgia · 1887
- Central Railroad v. SearsSupreme Court of Georgia · 1881
- Western & Atlantic Railroad v. McCauleySupreme Court of Georgia · 1882
- Georgia Railroad & Banking Co. v. CrawleySupreme Court of Georgia · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Casey Enterprises, Inc. And D/B/A Pendley Hills Hardware and Minit Check Grocery, Fite H. Casey, Jr. v. American Hardware Mutual Insurance CompanyCourt of Appeals for the Fifth Circuit · 1981
- Standard Oil Co. v. ReaganCourt of Appeals of Georgia · 1915
- Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
- Brunswick & Western Railroad v. WigginsSupreme Court of Georgia · 1901
- Braner v. Southern Trust InsuranceSupreme Court of Georgia · 1985
29 more not listed; retrieve them via the Exa API.