141 Ga. 35 | Ga. | 1913
(After stating the foregoing facts.)
The rule as to the liability of a railroad company for leaving-combustible matter on its right of way is laid down in the case of Southern Ry. Co. v. Thompson, 129 Ga. 367 (58 S. E. 1044). It was there held (8th headnote): "If the company is wanting in ordinary care in allowing grass, weeds, rotten wood, and other combustible material to accumulate on its right of way, and as a result thereof damage by fire occurs, this would also furnish a ground for holding the company liable.” In Brown v. Benson, 98 Ga. 372 (25 S. E. 455), it was held: "There being evidence from which the jury might have inferred that the plaintiffs’ woods were burned by a fire originating from sparks which escaped from a locomotive operated by a servant of the defendant, and ignited straw and other combustible material on the railroad right of way, and that the fire thus started burned continuously until it reached the plaintiffs’ land, it was error to grant a nonsuit.” And see Georgia Railroad v. Lawrence, 74 Ga. 534; 13 Am. & Eng. Ene. Law, 511, 512: From the authorities cited we conclude that the petition set forth a cause of action, and that the amendment to the petition was sufficiently definite to withstand the objection urged against it.
Judgment affirmed.