84 Ga. 256 | Ga. | 1890
Brown brought his action against the railroad company to recover damages on account of its wrongful act in tearing down a fence which protected his growing crops, whereby cattle entered upon and destroyed the
With this view of the case we do not concur. Whether Brown’s landlord would be liable to him or not in case of the landlord’s failure to keep up the fence around the land rented to Brown, is a question which it is unnecessary for us to decide; but we do hold that the railroad company is liable for any damage which Brown sustained by reason of its having thrown down the fence, in consequences of which cattle entered upon the premises and destroyed his crops; and that it is liable for the value of the crop so destroyed, there not appearing any evidence in the record as to how much less the cost and expense of protecting the crops would be than the value of the crops thus destroyed. It appears to us from this record that the recovery was not equal to the value of the crops destroyed. So we think that the verdict of the jury was sustained by the evidence.