Supreme Court of Georgia July 1, 1885 (Jemison v. Southwestern Railroad)

Hall, J.

1. A dog is not property except in a qualified sense, either at common law or under the statutes of this State. The owner .may maintain an action of trespass vi et armis for the wanton and malicious killing of his dog, but he cannot maintain case for its unintentional, though negligent, destruction; and where a dog was killed by a railroad train, the presumption’did not arise against the