Farkas v. Towns
Supreme Court of Georgia
Action for damages. Before Judge Spence. Doughertysuperior court. August 2, 1897. Lucy A. Towns, the owner of a life-interest in certain land in the city of Albany, and W. D. Towns and others, owners of the remainder in fee in the same land, brought separate suits against Farkas for damages to the land, alleging, in- brief: Adjoining said land is land owned by the defendant, upon which there was a lime-sink or natural depression over a subterranean stream into which the…
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Action for damages. Before Judge Spence. Doughertysuperior court. August 2, 1897. Lucy A. Towns, the owner of a life-interest in certain land in the city of Albany, and W. D. Towns and others, owners of the remainder in fee in the same land, brought separate suits against Farkas for damages to the land, alleging, in- brief: Adjoining said land is land owned by the defendant, upon which there was a lime-sink or natural depression over a subterranean stream into which the water which fell or ran upon the land emptied, there being a gradual slope from the plaintiffs’ land to the defendant’s…
1Opinion of the CourtFish, J.
1. In the case of Goldsmith v. Elsas, May & Co., 53 Ga. 186, it was decided that, “Where two city lots adjoin, the lower lot owes a servitude to the higher so far as to receive the water which naturally runs from it, provided the owner of the latter has done no act to increase such flow by artificial *153means.” This is in accordance with the rule of the civil law. By the civil law, the right of drainage of surface-water, as between owners of adjacent lands of different elevations, is governed by the law of nature. The owner of land which, relatively to that of an adjoining proprietor, is the…
2Cases cited5 opinions
- Hurt v. City of AtlantaSupreme Court of Georgia · 1897
- Mayor of Albany v. SikesSupreme Court of Georgia · 1894
- Davis v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
- Goldsmith v. Elsas, May & Co.Supreme Court of Georgia · 1874
- Marcy v. FriesSupreme Court of Kansas · 1877
3Cited by15 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- City Council v. LamarCourt of Appeals of Georgia · 1927
- Coker v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1905
- Sheppard v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1924
- Cox v. MartinSupreme Court of Georgia · 1950
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