Central of Georgia Railway Co. v. Kelley

Court of Appeals of Georgia

Central of Georgia Railway Co. v. Kelley

67 S.E. 118, 7 Ga. App. 464, 1910 Ga. App. LEXIS 352

CourtCourt of Appeals of Georgia

DecidedFebruary 22, 1910

Docket2226

StatusPublished

Cited by2 cases

This text of 67 S.E. 118 (Central of Georgia Railway Co. v. Kelley) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Central of Georgia Railway Co. v. Kelley, 67 S.E. 118, 7 Ga. App. 464, 1910 Ga. App. LEXIS 352 (Ga. Ct. App. 1910).

Pincite

Opinion

I-Iill, C. J.

1. While the owner of rented premises in the possession of the tenant can only recover damages for an injury to the freehold, yet evidence of the rental value of the land is admissible, as illustrative of the market value of the land before and after the trespass.

2. In a suit by the owner of rented land to recover damages for trespass, testimony that the tenant also “claimed damages” to his possession, arising out of the same trespass, is irrelevant and immaterial. The same trespass might injure both the freehold of the owner and the interest of the tenant in possession, but the damages recoverable by each are entirely separate and distinct. Civil Code of 1895, §§ 3876, 3877.

3. This being a suit for permanent injury to the freehold, section 3884 of the Civil Code was not applicable.

4. Ho material error of law was committed in the trial of the case, and the verd'iet is supported by the evidence. Judgment affirmed.

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