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READY-MIX CONCRETE CO. v. RAPE

37244, 37245.

98 Ga. App. 503 (1958)

106 S.E.2d 429

READY-MIX CONCRETE COMPANY v. RAPE; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied November 4, 1958.

Attorney(s) appearing for the Case

Matthews, Maddox, Walton & Smith, John W. Maddox, for plaintiff in error.

Dudley B. Magruder, Jr., Wright, Rogers, Magruder & Hoyt, contra.

QUILLIAN, Judge.

1. The defendant contends that the petition failed to set forth a cause of action because an action for exemplary damages cannot be combined in the same count of a petition. With this contention we do not agree. Wrongful damage to real property caused by a concussion from blasting with dynamite is direct, and constitutes a trespass to realty. Brooks v. Ready Mix Concrete Co.,

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