Atlantic Coast Line Railroad v. Scott

The one special demurrer, based on the failure of the plaintiff to allege whether Thomas County was a fence or no-fence county, is expressly abandoned by counsel for the defendant in his brief on file in this court and presents no question for determination by this court. Code § 6-1308.

The general demurrer and special grounds 2, 3, 4, 6, 7, 9, 10, and 11 all present various facets of the same question and will be considered here together. This question is what degree of care is owed by a railroad company in the operation of its trains to livestock on its tracks and right-of-way in a no-fence…