Home/Supreme Court of Georgia/Georgia Railroad & Banking Co. v. Gardner

Georgia Railroad & Banking Co. v. Gardner

42 S.E. 250, 115 Ga. 954, 1902 Ga. LEXIS 661
CourtSupreme Court of Georgia
DecidedJuly 19, 1902
StatusPublished
Cited by15 cases

This text of 42 S.E. 250 (Georgia Railroad & Banking Co. v. Gardner) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Georgia Railroad & Banking Co. v. Gardner, 42 S.E. 250, 115 Ga. 954, 1902 Ga. LEXIS 661 (Ga. 1902).

Opinion

Lumpkin, P. J.

1. One who enters upon and injures another’s land is not, though a trespasser, liable for punitive damages, when the acts causing the injury were done in good faith under the honest belief that the land belonged to the former, and there was nothing in the manner of doing such acts to indicate an intention to wantonly disregard the rights of the true owner. See Mining Co. v. Irby, 40 Ga. 479; Carli v. Depot Co., 32 Minn. 101.

2. It was in the present case erroneous to give in charge to the jury section 3900 of the Civil Code, which authorizes the giving of such damages in cases of tort where there are aggravating circumstances.

Judgment reversed.

All the Justices concurring, except Lewis, J., absent.

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Bluebook (online)
42 S.E. 250, 115 Ga. 954, 1902 Ga. LEXIS 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-railroad-banking-co-v-gardner-ga-1902.