136 Ga. 146 | Ga. | 1911
W. M. Roberson brought suit against the Southern Railway Company, his -petition, after alleging the defendant to be a corporation having a line of railroad and place of business in the county in which the suit was brought, making the following allegations: “That said defendant is indebted to your petitioner in the sum of four hundred and forty-eight dollars .($448.00), by reason of the following facts, to wit: That on or about the twenty-fourth (24th) day of September, 1907, in the county aforesaid and in the Town óf Jesup, and at a-point about one half (%) mile north of the depot in said town and on said railroad, said defendant took and carried away, without your petitioner’s consent, one thousand one hundred and twenty (1,120) hewn cross-ties, both pine and cypress, of the value of forty cents (.40) each. That your petitioner purchased said cross-ties and paid therefor the sum of thirty-nine ($ .39) with the expectation of selling sainé to said railroad company at and for the market price thereof, to wit, forty cents ($ .40) each; but without any notice to your petitioner the work-train on said defendant’s line of railway loaded said ties, by its agents, servants, and employees, and carried same away, and have since that time failed and refused to pay your petitioner the true value of said ties, which is as aforesaid the sum of four hundred and forty-eight dollars ($448.00). Wherefore petitioner prays that process do issue, directed to the said defendant, requiring it to be and appear at the next term of this court, then and there to answer your petitioner’s complaint, and he will ever pray, etc.” The railway company filed a general and a special demurrer, which the court overruled, and the company excepted.
Judgment reversed.