Central of Georgia Railway Co. v. McRee
Court of Appeals of Georgia
Action for damages; from Early superior court—Judge Worrill. October 2, 1917. The petition as amended alleges, that the defendant 'has damaged the plaintiff in the sum of $50, by reason-of the following facts: “That on or about the ninth day of June, .1915, the defendant, by negligence of its servants, in and by the running and operating of its cars, engines, and other machinery, carelessly threw or otherwise set out fire from an engine on defendant’s railroad in said county…
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Action for damages; from Early superior court—Judge Worrill. October 2, 1917. The petition as amended alleges, that the defendant 'has damaged the plaintiff in the sum of $50, by reason-of the following facts: “That on or about the ninth day of June, .1915, the defendant, by negligence of its servants, in and by the running and operating of its cars, engines, and other machinery, carelessly threw or otherwise set out fire from an engine on defendant’s railroad in said county and set fire to the grass and fence on plaintiff’s lands; which fire destroyed a considerable portion of plaintiff’s…
1Opinion of the CourtBloodworth, J.
1. A petition' to recover damages from a railroad company, which alleges that the defendant “destroyed a considerable, portion of plaintiff’s fence,” is too indefinite to withstand a special demurrer which makes the objection that “it is not alleged how much fence was destroyed.”
2. The other grounds of the demurrer ar.e without merit. See, in this connection, Ellis v. Pullman, 95 Ga. 445 (3), 446 (22 S. E. 568); Augusta & Savannah Railroad Co. v. McElmurry, 24 Ga. 75, 78; Sims v. Western & Atlantic Railroad Co., 111 Ga. 820 (35 S. E. 696); Southern Pine Co. v. Smith, 113 Ga. 629 (38 S. E.…
2Cases cited5 opinions
- Augusta & Savannah Railroad v. McElmurrySupreme Court of Georgia · 1858
- Ellis v. Pullman & Co.Supreme Court of Georgia · 1895
- Southern Pine Co. v. SmithSupreme Court of Georgia · 1901
- Sims v. Western & Atlantic RailroadSupreme Court of Georgia · 1900
- Atkinson v. Dismuke & BrotherCourt of Appeals of Georgia · 1912