Herndon sued Georgia Power Company and Aultman-Beasley, Inc., to recover for fire damage to his property resulting from the spread of fire from the nearby electrical transmission line right-of-way of the defendant power company, which had contracted with the defendant contractor to clear away and burn with brush burning equipment the brush within the right-of-way. It was alleged that the contractor buried the residue of the burned brush underground, but that its earth-moving equipment uncovered some of the buried smoldering embers, which the wind caused to ignite into a fire, which spread to the plaintiff's place of business. The plaintiff appeals from the sustaining of the power company's motion to dismiss it as a party defendant. Held:
The complaint in this case, summarized herein above, does not negative the right of the plaintiff to prevail under the theory of one or more of the following statutes: Code 105-502 (1, 2, 4); Code Ann. 26-9926a (Ga. L. 1971, p. 577). Therefore, the trial judge erred in his judgment sustaining the motion to dismiss.
Robert F. Higgins, Virgil H. Shepard, for appellant.