BURLEYSON v. W. & A. RAILROAD CO.

35436.

91 Ga. App. 745 (1955)

87 S.E.2d 166

BURLEYSON v. WESTERN & ATLANTIC RAILROAD COMPANY.

Court of Appeals of Georgia.

Rehearing Denied March 18, 1955.


Attorney(s) appearing for the Case

Malcolm C. Tarver, for plaintiff in error.

Mitchell & Mitchell, Walton Whitwell, contra.


GARDNER, P. J.

1. The petition as a whole was properly construed by the trial court as an action seeking damages for maintaining a continuing abatable nuisance or trespass. It is not an action for the recovery of damages for a trespass upon the plaintiff's land such as could not be abated and such as rendered his land wholly and permanently worthless for the uses to which it was adapted, so that the owner could recover all resulting damages, past, present, and future...

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