Central Railroad v. Flournoy
The Central Railroad v. Flournoy, trustee
Cent. R.R. v. Flournoy, 69 Ga. 763 (1882)
Headnotes
A railroad company as such must be sued in the county of its principal place of business, or in a county where there is jurisdiction by reason of the subject-matter and the locality of the cause of action. If the railroad company, as the lessee of another, has caused damage to a person, ample provision is made, for suing it as such. Code, §3406.
{a.) Where suit was brought against the Central Railroad in Houston county, the declaration alleging that, by obstructing the flow of the waters of a creek, it had caused back-water, which worked injury to the plaintiff, and on the trial, the evidence showed that it was the embankment and culvert of the Southwestern Railroad which were located at the point where the damage was alleged to be, a non-suit should have been awarded, 53 Ga., 501,
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Opinion of the Court
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Crawford, Justice.
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