Savannah, Florida & Western Railway Co. v. Geiger
Supreme Court of Florida
Appeal from the Circuit Court for Nassau county. The declaration, omitting the court, is as follows: “Now comes J. H. Geiger, by R..B.
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Appeal from the Circuit Court for Nassau county. The declaration, omitting the court, is as follows: “Now comes J. H. Geiger, by R..B. Bedford, his attorney, and sues the Savannah, Florida and Western Railway Company, operating a portion of their line, commonly known as the Waycross Short Line, from Jacksonville to Way-cross, Georgia, a portion of said road lying in said county of Nassau, said Short Line- not being fenced, for killing ten head of cattle, two head of sheep and five head of hogs in said county of Nassau, to-wit: about the first day of November, 1884, the value of said cattle,…
1Opinion of the CourtJustice Raney
This is an action brought by the appellee to recover of *681the appellant for cattle, sheep and hogs killed by a train upon the latter’s l’ailroad track.
At the common law, every entry upon another’s land (unless by the owner’s leave or in some particular cases •which it is unnecessary to mention,) was treated as an injury or wrong, for satiafaetiou of which an action of trespass would lie, the quantum of the satisfaction being determined by considering how far the offence was willful or indiscreet, and by estimating the value of the actual damage sustained. This law styled every unwarrantable…
2Cases cited20 opinions
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- Carr v. ThomasSupreme Court of Florida · 1882
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
15 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Dutton Phosphate Co. v. PriestSupreme Court of Florida · 1914
- Waller v. First Savings & Trust Co.Supreme Court of Florida · 1931
- Perozzi v. GaniereOregon Supreme Court · 1934
- State ex rel. Clarkson v. PhilipsSupreme Court of Florida · 1915
29 more not listed; retrieve them via the Exa API.