Georgia Court of Appeals, 1910

Martin v. Southern Railway Co.

Martin v. Southern Railway Co.
Georgia Court of Appeals · Decided January 20, 1910 · Powell
7 Ga. App. 324; 66 S.E. 803; 1910 Ga. App. LEXIS 267

Martin v. Southern Railway Co.

Opinion of the Court

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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