Southern Pine Co. v. Smith
Supreme Court of Georgia
Action for damages. Before Judge Dart. City court of Douglas. August 31, 1900. The petition of Smith against the Southern Pine Company of Georgia alleged that he was the owner of 300 acres of lot of land number 368 in the first district of Coffee county, and that the defendant had damaged him in the sum of $500, by reason of the facts hereinafter set forth: The defendant owns and operates a sawmill at the town of Hazelhurst, and, for the purpose of furnishing it with logs…
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Action for damages. Before Judge Dart. City court of Douglas. August 31, 1900. The petition of Smith against the Southern Pine Company of Georgia alleged that he was the owner of 300 acres of lot of land number 368 in the first district of Coffee county, and that the defendant had damaged him in the sum of $500, by reason of the facts hereinafter set forth: The defendant owns and operates a sawmill at the town of Hazelhurst, and, for the purpose of furnishing it with logs and timber, owns and operates a railroad, which passes through the plaintiff’s land above mentioned, and on which are used…
1Opinion of the CourtFish, J.
1. The petition as amended set forth a cause of action, and the grounds thereof were alleged with sufficiency of detail to meet the attacks of the demurrer.
2. The motion for a new trial complains because the court instructed the jury as follows: “ I charge you that it would not be necessary for the plaintiff in this case to prove that the fire, if any at all, occurred upon this particular day; but he must prove substantially the allegations as to date, and that is, that it occurred either upon that date or upon some other day near to the date alleged in his declaration. He must prove that the…
2Cases cited4 opinions
- Cox v. Cody & Co.Supreme Court of Georgia · 1886
- Augusta & Savannah Railroad v. McElmurrySupreme Court of Georgia · 1858
- Akins v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1900
- Sims v. Western & Atlantic RailroadSupreme Court of Georgia · 1900
3Cited by10 opinions
- Lamon v. PerryCourt of Appeals of Georgia · 1924
- Wiggins v. StateCourt of Appeals of Georgia · 1976
- Atlantic Coast Line Railroad v. McElmurray Bros.Court of Appeals of Georgia · 1914
- Holiday Homes, Inc. v. BraggCourt of Appeals of Georgia · 1974
- Southern Railway Co. v. TaylorCourt of Appeals of Georgia · 1948
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