Central Railroad & Banking Co. v. Carswell
Supreme Court of Georgia
Railroads! Trespass. Jurisdiction. Venue. Before Judge Gibson. Burke Superior Court. May Term, 1874. Carswell, as trustee, brought trespass against the Central Railroad and Banking Company, to recover damages for entry on his lands, cutting timber, moving earth, etc. The suit was instituted in Burke county, where the lands were located and the trespass was committed.
Read the full summary
Railroads! Trespass. Jurisdiction. Venue. Before Judge Gibson. Burke Superior Court. May Term, 1874. Carswell, as trustee, brought trespass against the Central Railroad and Banking Company, to recover damages for entry on his lands, cutting timber, moving earth, etc. The suit was instituted in Burke county, where the lands were located and the trespass was committed. The defendant pleaded to the jurisdiction, alleging that the action should have been brought in Chatham county, where its principal office for tiie transaction of business, and its legal residence was located. The.plea was…
1Opinion of the Court
McCay, Judge.
The act of 1869, providing that the words “in or by the running of the cars or engines” shall be struck out of section 3339 of the Code, (Irwin’s,) leaves that section very broad. It thus covers “injuries” óf any kind, since it will then read that the action may be' brought in the county where the cause of action originated, when any one has been “injured” in person or property. Is the wrong complained of in this case an “injury” to the person or property of the complainant? If so, the action lies in the county where the cause of action originated. If there be any other proviso,…
2Cited by3 opinions
- East Georgia & Florida Railroad v. KingSupreme Court of Georgia · 1893
- Southern Railway Co. v. ClarkSupreme Court of Georgia · 1926
- Central Railroad v. BrunsonSupreme Court of Georgia · 1879