26 Ga. App. 361 | Ga. Ct. App. | 1921
1. In a suit against a railroad company to recover for dam-, age alleged to have been caused by the emission of sparks from a passing engine of the defendant, where the undisputed evidence shows that the defendant’s engine was, at the time it is alleged the sparks were emitted, equipped with a proper spark-arrester in good condition, and there is no affirmative evidence, either positive or circumstantial, that any sparks ever escaped from the engine, a verdict for the plaintiff is unauthorized. Gainesville, Jefferson & Southern R. Co. v. Edmondson, 101 Ga. 747.
2. The questions raised on the general demurrer to the petition and in the motion to dismiss the petition are settled by Hines v. Zellner, 25 Ga.