Southern Railway Co. v. Elliott
Supreme Court of Georgia
Action for damages. Before Judge Reagan. Henry superior court. December 18, 1906. Elliott sued the railroad company for damages caused by the burning of certain cotton which was stored in a warehouse located in the town of Stoekbridge, near the railroad track of the defendant.
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Action for damages. Before Judge Reagan. Henry superior court. December 18, 1906. Elliott sued the railroad company for damages caused by the burning of certain cotton which was stored in a warehouse located in the town of Stoekbridge, near the railroad track of the defendant. The grounds of negligence alleged were, that the servants of the railroad company in charge of the train negligently caused and permitted'the engine to emit large quantities of sparks, fire cinders, and other combustible matter, as it passed the warehouse, and the sparks so emitted were blown into the warehouse and…
1Opinion of the CourtAtkinson, J.
Under the rulings in the cases of Southern Ry. Co. v. Herrington, 128 Ga. 438 (57 S. E. 694), Southern Ry. Co. v. Williams, 113 Ga. 335 (38 S. E. 744), and Central Ry. Co. v. Trammell, 114 Ga. 312 (40 S. E. 259), the evidence in the case now under consideration was sufficient to support a finding by the jury that the fire which destroyed the plaintiff’s cotton was caused by sparks emitted from the defendant’s engine, while being operated by its servants in the regular course of their duty and while passing the warehouse in which the cotton was, stored. Proof that the injury was caused by…
2Cases cited9 opinions
- Gainesville, Jefferson & Southern Railroad v. EdmondsonSupreme Court of Georgia · 1897
- Georgia Railroad & Banking Co. v. WallSupreme Court of Georgia · 1888
- Southern Railway Co. v. WilliamsSupreme Court of Georgia · 1901
- Central of Georgia Railway Co. v. TrammellSupreme Court of Georgia · 1901
- Southern Railway Co. v. HerringtonSupreme Court of Georgia · 1907
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3Cited by1 opinion
- Western & Atlantic Railroad v. MaynardSupreme Court of Georgia · 1914