Stafford v. Maddox
Supreme Court of Georgia
Bes adjudicata. Damages. Waters. Contracts. Before Judge Milner. Whitfield superior court. October term, 1890. Action by Stafford against Mrs. Maddox for damages alleged to have been sustained from the backing of water upon his land by a mill-dam erected and maintained by her across a creek which ran through his land. Verdict for the defendant; motion for a new trial overruled.
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Bes adjudicata. Damages. Waters. Contracts. Before Judge Milner. Whitfield superior court. October term, 1890. Action by Stafford against Mrs. Maddox for damages alleged to have been sustained from the backing of water upon his land by a mill-dam erected and maintained by her across a creek which ran through his land. Verdict for the defendant; motion for a new trial overruled. The motion assigned errors upon the following instructions of the court: (1) “ If you find that a suit was before brought by Stafford against Maddox, and that the evidence showed on that trial that the defendant for a…
1Opinion of the Court
Bleckley, Chief Justice.
1. It was error for the court to charge the jury, in effect, that if the recovery by the plaintiff in a former suit was for nominal damages only, then the verdict in that case would be conclusive that there was no substantial damage at any time, and the jury should find for the defendant. The present action was brought seven or eight years after the former one. Why should the failure of the plaintiff to prove any actual damage on *540the trial of his first action cut him off from showing that he sustained such damage afterwards, and before instituting the second? The…
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