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GEORGIA NORTHEASTERN RAILROAD CO. v. LUSK

No. A02A1305.

574 S.E.2d 810 (2002)

258 Ga. App. 742

GEORGIA NORTHEASTERN RAILROAD COMPANY, INC. v. LUSK.

Court of Appeals of Georgia.

Reconsideration Denied December 6, 2002.

Attorney(s) appearing for the Case

Casey, Gilson, Williams & Shingler, Matthew D. Williams, Atlanta, Joyce G. Lewis, for appellant.

Hasty, Pope & Ball, William G. Hasty, Jr., Jonathan A. Pope, Canton, for appellee.

MIKELL, Judge.

Georgia Northeastern Railroad Company, Inc. (the "Railroad") appeals from the denial of its motion for judgment notwithstanding the verdict (j.n.o.v.) in Larry Lusk's action to recover damages based on the erosion of his property caused by the accumulation of debris beneath a trestle owned by the Railroad. The jury found that the Railroad had committed a continuing, abatable nuisance and trespass and awarded Lusk $5,400 in compensatory damages, representing...

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