Legal Opinion
Burleyson v. Western & Atlantic Railroad
Court of Appeals of Georgia
Decided February 18, 1955No. 35436PublishedCited by 11 opinions
1Opinion of the CourtGardner, P. J.
The petition as a whole was properly construed by the trial court as an action seeking damages for maintaining a continuing abatable nuisance or trespass. It is not an action for the recovery of damages for a trespass upon the plaintiff’s land such as could not be abated and such as rendered his land wholly and permanently worthless for the uses to which it was adapted, so that the owner could recover all resulting damages, past, present, and future in an action for permanent damages to the plaintiff’s lands.
Let us now consider the assignments of error on the demurrers 1 and 2 to paragraph 7.…
2Cases cited15 opinions
- Goble v. Louisville & Nashville RailroadSupreme Court of Georgia · 1938
- Central Georgia Power Co. v. StubbsSupreme Court of Georgia · 1913
- O'Connell v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
- Allen v. Macon, Dublin & Savannah R. R.Supreme Court of Georgia · 1899
- Smith v. City of AtlantaSupreme Court of Georgia · 1886
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Columbus, Ga. v. MyszkaSupreme Court of Georgia · 1980
- City of Warner Robins v. HoltCourt of Appeals of Georgia · 1996
- Baumann v. SniderCourt of Appeals of Georgia · 2000
- City of Atlanta v. MurphyCourt of Appeals of Georgia · 1990
- Kiel v. JohnsonCourt of Appeals of Georgia · 1986
6 more not listed; retrieve them via the Exa API.