24 Ga. App. 537 | Ga. Ct. App. | 1919
1. Under the pleadings and the evidence, no ground for reversal is presented by the exceptions to the charge of the court as to the measure of damages for the burning of the houses on the plaintiff’s premises. See, in this connection, Empire Mills Co. v. Burrell Engineering, etc., Co., 18 Ga. App. 253(2), 256 (89 S. E. 530), and cit.; Harrison v. Kiser, 79 Ga. 588 (8), 595 (4 S. E. 320); Central R. Co. v. Murray, 93 Ga. 256(4), 257 (20 S. E. 129); Louisville & Nashville R. Co. v. Kohlruss, 124 Ga. 250, 251 (52 S. E. 166); 33 Cyc. 1389, 1391-2; 4 Suth. Dam. § 1018; Louisville & Nashville R. Co. v. Home Ins. Co. (Ky.), 142 S. W. 398, and cit.
2. It does not appear that the verdict is excessive.
3. There was ample evidence to authorize the jury to find that the plaintiff’s property was destroyed by a fire caused by burning sparks emitted from a locomotive of the defendant company. As to whether the company was negligent or not, the great preponderance of the evidence was in its favor, but there was some slight evidence which authorized the jury to find that the presumption of the defendant’s negligence, which arose upon proof that the fire was occasioned by sparks emitted from one of its engines, had not been completely rebutted by the evidence introduced by the defendant. And as that finding was approved by the trial judge, this court is without authority to interfere.
Judgment affirmed.
cited as to the sufficiency of the evidence: 12 Ga. App. 233, 236; 101 Ga. 747, 752; 108 Ga. 165; 114 Ga. 712; 115 Ga. 664; 117 Ga. 883. Measure of damages: 124 Ga. 250; 129 Ga. 526, 531 (5); 87 Ga. 605 (2); 93 Ga. 256 (4).
cited: 113 Ga. 335; 4 Ga. App. 439; 93 Ga. 257 (4); 114 Ga. 638 (3); 12 Ga. App. 239, and cit.