Southern Railway Co. v. Horine
Supreme Court of Georgia
Action for damages. Before Judge Bartlett. Haralson superior court. February 3, 1904.
1Opinion of the CourtFish, P. J.
1. A petition alleging that fire, which the defendant railway com- . pany carelessly permitted to escape from its locomotive, ignited litter which the company had permitted to accumulate on its right of way, and spreading therefrom burned plaintiff’s property, was amendable by alleging that the company “carelessly” permitted the litter to accumulate. Such amendment did not set up a new cause of action (City of Columbus v. Anglin, 120 Ga. 785), nor add a second count to the petition.
2. The words “ carelessly ” and “ negligently ” are synonymous.
3. The general rule is, that an amendment to a…
2Cases cited2 opinions
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- McDonough & Co. v. Carter & Co.Supreme Court of Georgia · 1896
3Cited by14 opinions
- Southern Railway Co. v. ThompsonSupreme Court of Georgia · 1907
- Eshleman v. KeySupreme Court of Georgia · 2015
- State Ex Rel. Campbell v. ChapmanSupreme Court of Florida · 1941
- Western & Atlantic Railroad v. BurnhamSupreme Court of Georgia · 1905
- Haynes v. Louisiana Ry. & Nav. Co.Supreme Court of Louisiana · 1917
9 more not listed; retrieve them via the Exa API.