Louisville & Nashville Railroad v. Ramsay
Supreme Court of Georgia
Action for damages. Before Judge Fite. Murray superior court. Earl Bamsay and others instituted suit against the Louisville and Nashville Bailroad Company. The defendant filed a demurrer, which was overruled. After the plaintiffs had submitted their evidence, the' defendant moved for a nonsuit, which was refused. After the case was submitted to the jury, a verdict was rendered in favor of the plaintiffs for $500. The defendant’s motion for a new trial was overruled.
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Action for damages. Before Judge Fite. Murray superior court. Earl Bamsay and others instituted suit against the Louisville and Nashville Bailroad Company. The defendant filed a demurrer, which was overruled. After the plaintiffs had submitted their evidence, the' defendant moved for a nonsuit, which was refused. After the case was submitted to the jury, a verdict was rendered in favor of the plaintiffs for $500. The defendant’s motion for a new trial was overruled. Error was assigned upon each of the rulings recited. Other facts sufficiently appear in the opinion.
1Opinion of the CourtAtkinson, J.
1. The ” petition in effect alleged, that the plaintiffs, as tenants in common, were the owners of a certain tract of land bordering on the waters of Bock creek and adjacent to the defendant’s railroad; that before the construction of the bridge, in time of high water and freshets, the waters of the creek spread out over the adjoining lands for many feet on each side of the bank and did little or no damage to the' land which it overflowed. Twelve acres of plaintiffs’ land, lying just below the point at *109which the railroad crossed the creek, was bottom land, very fertile, and before the injury…
2Cases cited7 opinions
- Allen v. Macon, Dublin & Savannah R. R.Supreme Court of Georgia · 1899
- Deas v. SammonsSupreme Court of Georgia · 1906
- Hanks v. PhillipsSupreme Court of Georgia · 1869
- Dixon, Mitchell & Co. v. MonroeSupreme Court of Georgia · 1900
- Thaggard v. CrawfordSupreme Court of Georgia · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Durham v. CrawfordSupreme Court of Georgia · 1943
- Martin v. McLainCourt of Appeals of Georgia · 1935
- Pound v. FaulknerSupreme Court of Georgia · 1942
- Lee v. PearsonSupreme Court of Georgia · 1912
- Beetles v. SteadhamSupreme Court of Georgia · 1938
6 more not listed; retrieve them via the Exa API.