GEORGIA RAILROAD &C. CO. v. Flynt

1. Wales T. Flynt sued Georgia Railroad & Banking Company, Atlantic Coast Line Railroad Company, and Louisville & Nashville Railroad Company for damages resulting from a fire, which burned over his land consisting of twenty acres of timber land and forty acres of pasture land, the fire allegedly being caused by the negligent operation of the defendants’ train. The original petition was based on damages to specifics. An amendment sought to change the damages to diminution of the value of the land. Without objection by either side, the case was tried on the theory of diminution of value, and…