Georgia Railroad & Banking Co. v. Gardner
Cases that cite this one
15 later published cases cite this decision.
- Atlanta Journal Co. v. Doyal (Ga. Ct. App. 1950)
- Mayfield v. Ideal Enterprises, Inc. (Ga. Ct. App. 1981)
- Ray Jones, Inc. v. Cowan (Ga. Ct. App. 1976)
- City Motors, Inc. v. Georgia Power Co. (Ga. Ct. App. 1972)
- Everett v. Culberson (Ga. 1959)
- Autry v. Adams (Ga. Ct. App. 1957)
- Tennessee, Alabama & Georgia Railway Co. v. Zugar (Ga. 1942)
- Zugar v. Tennessee, Alabama & Georgia Railway Co. (Ga. Ct. App. 1941)
- Investment Securities Corp. v. Cole (Ga. 1938)
- Charleston & Western Carolina Railway Co. v. McElmurray (Ga. Ct. App. 1915)
- Pratt Engineering & Machine Co. v. Trotti (Ga. 1914)
- Mayor of Americus v. Ansley (Ga. Ct. App. 1914)
- Georgia Railroad & Banking Co. v. Gardner (Ga. 1903)
- Hateley v. State (Ga. 1903)
- Southern Railway Co. v. O'Bryan (Ga. 1903)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.