Strong v. Georgia Railway & Electric Co.
Supreme Court of Georgia
Action for damages. Before Judge Lumpkin. Fulton superior court. December 19, 1903. The action was for the negligent killing of the plaintiff’s dog by a car of the defendant. A general demurrer to the petition was sustained, and the plaintiff excepted.
1Opinion of the CourtSimmons, C. J.
1. This case is controlled by the decision of this court in the ease of Jemison v. Southwestern Railroad, 75 Ga. 444, holding that a suit can not be maintained against a railroad company for the negligent killing of a dog.
2. As the rule announced in the above-stated case has stood as good law since December 1, 1885, and the General Assembly has passed no act changing the same, this court is of opinion that the rule should not be now changed by overruling that case. Judgment affirmed.
By five Justices.
2Cases cited1 opinion
- Jemison v. Southwestern RailroadSupreme Court of Georgia · 1885
3Cited by14 opinions
- Montgomery v. Maryland Casualty Co.Supreme Court of Georgia · 1930
- Columbus Railroad v. WoolfolkSupreme Court of Georgia · 1907
- State v. WallaceCourt of Appeals of North Carolina · 1980
- Seaboard Air-Line Railway v. ParrishCourt of Appeals of Georgia · 1915
- Gaddis v. Southern Railway Co.Court of Appeals of Georgia · 1911
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