Central of Georgia Ry. Co. v. Barnett

The first count of the complaint is in trespass guare clausum fregit de bonis asportatis, and alleges that the defendant willfully, and without the consent of plaintiff, entered upon plaintiff’s lands and took up and removed therefrom 750 feet of rails, 240 cross-ties, and 100 spikes, constituting a spur track leading from defendant’s siding at Fitzpatrick, Ala., to a gin plant and seed house of the plaintiff, and used by him for shipping hay, cotton seed, and other products over defendant’s line of railway.

The second count is in trespass guare clausum fregit for injury to plaintiff’s lands,…