Martin v. Southern Railway Co., 7 Ga. App. 324

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.

Case Details

Case Name: Martin v. Southern Railway Co.

Court Name: Court of Appeals of Georgia

Date Published: Jan 20, 1910

Citations: 7 Ga. App. 324; 66 S.E. 803; 1910 Ga. App. LEXIS 267; 2205

Docket Number: 2205

Court Abbreviation: Ga. Ct. App.