Southern Railway Co. v. Pope
Supreme Court of Georgia
Action for damages. Before Judge Beagan. Butts superior court. September 3, 1906. Pope brought an action for damages against the Southern Bail-way Company, for the killing of a certain mule belonging to the' plaintiff.
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Action for damages. Before Judge Beagan. Butts superior court. September 3, 1906. Pope brought an action for damages against the Southern Bail-way Company, for the killing of a certain mule belonging to the' plaintiff. It is alleged in the third paragraph of the petition, that “Said defendant company by its agents and servants, while operating its locomotive, cars, and other machinery, negligently ran over and killed one black horse mule . . of the value of $175.”' The fourth paragraph alleges that “Said killing could have been, avoided by the agents and servants of the defendant company, by…
1Opinion of the CourtBeck, J.
1. In an action based upon the negligence of the defendant, Avhieh it is alleged resulted in the killing of a mule, it is not sufficient to allege the negligence in general terms; and it was error for the court to overrule a special demurrer calling for the particulars of the-alleged negligence. Russell v. Central of Ga. Ry. Co., 119 Ga. 705; Macon, Dublin & Sav. R. Co. v. Stewart, 120 Ga. 890.
2. Although the mule alleged to have been killed was, when struck by the defendant’s train, at a point between the bloAV-post and a public cross*843ing, and not upon tlie crossing, and tlie failure to…
2Cases cited3 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Russell v. Central of Georgia Railway Co.Supreme Court of Georgia · 1904
- Macon, Dublin & Savannah Railroad v. StewartSupreme Court of Georgia · 1904
3Cited by10 opinions
- Hancock v. HancockSupreme Court of Georgia · 1949
- Sanders v. Harlem Baptist ChurchSupreme Court of Georgia · 1950
- Atlanta, Birmingham & Atlantic Railway Co. v. WhiteheadCourt of Appeals of Georgia · 1923
- Atlantic Coast Line Railroad v. AdamsCourt of Appeals of Georgia · 1909
- Washington County v. SheppardCourt of Appeals of Georgia · 1933
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