Legal Opinion

Wilson v. Central of Georgia Railway Co.

Supreme Court of Georgia

Decided February 26, 1909PublishedCited by 18 opinions

Action for damages. Before Judge Lewis. Jasper superior court. September 25, 1907. Georgia Ann Wilson filed suit against the Central of Georgia Bailway Company, and alleged, that on the 20th day of Mar.ch, 1902, the defendant carelessly and negligently set on fire the grass, weeds, and other combustible matter along its right of way, which fire was communicated to weeds and grass surrounding the house in which she lived; that because of the rapid approach of the fire towards…

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Action for damages. Before Judge Lewis. Jasper superior court. September 25, 1907. Georgia Ann Wilson filed suit against the Central of Georgia Bailway Company, and alleged, that on the 20th day of Mar.ch, 1902, the defendant carelessly and negligently set on fire the grass, weeds, and other combustible matter along its right of way, which fire was communicated to weeds and grass surrounding the house in which she lived; that because of the rapid approach of the fire towards her house, and the peril -in which it was placed, she, in order to prevent the catching on fire of her house,…

1Opinion of the CourtBeck, J.

(After stating the facts.)

1. The general principle applicable to cases like that which we have under consideration, and one which seems to be generally recognized, is, that when a defendant has violated a duty imposed upon him by statute or by the common law,, he should be held liable to every person injured, whose injury is the natural and probable consequence of the tortious act; and that the liability extends to such injuries as might reasonably have been anticipated, under ordinary circumstances, as the natural .and probable result of the wrongful act. Seale v. Railway Co., 65 Tex. 274…

2Cases cited5 opinions

  1. Seale. v. Gulf, Colorado & Santa Fe R'y Co.Texas Supreme Court · 1886
  2. Illinois Central Railroad v. SilerIllinois Supreme Court · 1907
  3. Harris v. Township of ClintonMichigan Supreme Court · 1887
  4. Liming v. Illinois Central RailroadSupreme Court of Iowa · 1890
  5. Buchan v. WilliamsonSupreme Court of Georgia · 1908

3Cited by18 opinions

  1. Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
  2. Sutton v. AdamsSupreme Court of Georgia · 1934
  3. Walker Hauling Co., Inc. v. JohnsonCourt of Appeals of Georgia · 1964
  4. Cain v. Georgia Power Co.Court of Appeals of Georgia · 1936
  5. Bulloch County Hospital Authority v. FowlerCourt of Appeals of Georgia · 1971

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