Western & Atlantic Railroad v. Swanson

Hill, C. J. Damages are not recoverable for the negligent killing of a dog by the running of the locomotive and cars of a railroad company. Gaddis v. Southern Ry. Co., 9 Ga. App. 272 (71 S. E. 7). In the present case there was no evidence that the killing of the dog was caused by the wilful, wanton, or malicious act of the agents of the railroad company; and therefore the verdict against the company was unauthorized by law. Judgment reversed.