ROGERS v. WESTERN & ATLANTIC RAILROAD

18014, 18015.

209 Ga. 450 (1953)

74 S.E.2d 87

ROGERS v. WESTERN & ATLANTIC RAILROAD; et vice versa.

Supreme Court of Georgia.

Decided January 12, 1953.


Attorney(s) appearing for the Case

Gordon M. Combs, Woodrow W. Tucker and John R. Burress, for plaintiff in error.

Sam J. Welsch and Walton Whitwell, contra.


HEAD, Justice.

1. The plaintiff's general demurrers to the answer and cross-action of the defendant for damages were properly overruled.

(a) All actions for damages to realty shall be brought within four years after the right of action accrues. Code, § 3-1001. An action for damages is not barred under the above rule where a dam, or other instrumentality causing the damages, may have been in existence for many years with the knowledge of the person...

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