Reports of Cases Decided in the Supreme Court of the State of ..., volume 114

Cover Reports of Cases Decided in the Supreme Court of the State of ..., volume 114
Reports of Cases Decided in the Supreme Court of the State of ..., volume 114
Georgia. Supreme Court
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This fence for a considerable distance ran parallel with the railroad, and was "crooked in" for the purpose of making connection with a stock-gap in the track. This condition of affairs had existed for many years, and it was apparent that the company had acquiesced therein. The evidence warranted a finding that both the stumps and the fence were of highly inflammable material, and that shortly after the passing of one of the defendant's trains a fire originated in a cor- ner of the fence on .th...e right of way in which one of these stumps was located. It is impossible, however, after a close and very careful examination of the brief of evidence, to determine whether the fire started in the fence and was communicated to this stump, or began in the stump and was thence communicated to the fence. If the fire originated in the fence, the company could not be held liable ; for, under all the evidence, it had nothing to do with the mainte- nance of the fence, ^though a part of it was allowed to remain upon the right of way.

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