Martin v. Southern Railway Co. ( 1910 )

Powell, J.

A petition filed in a city court against a railroad company* alleging merely that “the train of the defendant company ran over and killed a shepherd dog of petitioner’s, of the value of $50,” was properly dismissed on demurrer. Even if the negligent killing of a dog' is actionable, it is necessary to allege the negligence, (Ga. R. Co. v. Williams, 3 (Ga. App. 272 (59 S. E. 846) ; Barden v. Ga. R. Co., 3 Ga. App-344 (59 S. E. 1122). Judgment affirmed.