Martin v. Southern Railway Co.

Court of Appeals of Georgia

Martin v. Southern Railway Co.

66 S.E. 803, 7 Ga. App. 324, 1910 Ga. App. LEXIS 267

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1910

Docket2205

StatusPublished

Cited by1 cases

This text of 66 S.E. 803 (Martin v. Southern Railway Co.) 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

Martin v. Southern Railway Co., 66 S.E. 803, 7 Ga. App. 324, 1910 Ga. App. LEXIS 267 (Ga. Ct. App. 1910).

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Opinion

Powell, J.

A petition filed in a city court against a railroad company* alleging merely that “the train of the defendant company ran over and killed a shepherd dog of petitioner’s, of the value of $50,” was properly dismissed on demurrer. Even if the negligent killing of a dog' is actionable, it is necessary to allege the negligence, (Ga. R. Co. v. Williams, 3 (Ga. App. 272 (59 S. E. 846) ; Barden v. Ga. R. Co., 3 Ga. App-344 (59 S. E. 1122). Judgment affirmed.

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Powell, J.

A petition filed in a city court against a railroad company* alleging merely that “the train of the defendant company ran over and killed a shepherd dog of petitioner’s, of the value of $50,” was properly dismissed on demurrer. Even if the negligent killing of a dog' is actionable, it is necessary to allege the negligence, (Ga. R. Co. v. Williams, 3 (Ga. App. 272 (59 S. E. 846) ; Barden v. Ga. R. Co., 3 Ga. App-344 (59 S. E. 1122). Judgment affirmed.

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Bluebook (online)

66 S.E. 803, 7 Ga. App. 324, 1910 Ga. App. LEXIS 267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-southern-railway-co-gactapp-1910.

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