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Western & Atlantic Railroad v. Swanson

Western & Atlantic Railroad Co. v. Swanson

Western & Atl. R.R. v. Swanson, 79 S.E. 77 (Ga. Ct. App. 1913)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
August 25, 1913
Docket
No. 4774
Judges
Hill
Citations
79 S.E. 7713 Ga. App. 2681913 Ga. App. LEXIS 116
Summary
Action for damages — appeal; from Catoosa superior court-judge Fite. February 24, 1913.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hill

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Hill, C. J.

Damages are not recoverable for the negligent killing of a dog by the running of the locomotive and cars of a railroad company. Gaddis v. Southern Ry. Co., 9 Ga. App. 272 ( 71 S. E. 7 ). In the present case there was no evidence that the killing of the dog was caused by the wilful, wanton, or malicious act of the agents of the railroad company; and therefore the verdict against the company was unauthorized by law. Judgment reversed.

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DepthCaseCited by
Gaddis v. Southern Ry. Co., 71 S.E. 7 (Ga. Ct. App. 1911) 5

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