Atlantic Coast Line Railroad v. Knapp
Supreme Court of Georgia
Action for damages. Before Judge Thomas. Thomas superior court. October term, 1911. D. F. Knapp brought suit against the Atlantic Coast Line Bail-road Company for damages. The petition, as amended, alleged substantially as follows: In 1895 the plaintiff owned a certain described tract of land through which the line of the defendant com7 pany (then known as the Savannah, Florida & Western Bailway Company) extended.
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Action for damages. Before Judge Thomas. Thomas superior court. October term, 1911. D. F. Knapp brought suit against the Atlantic Coast Line Bail-road Company for damages. The petition, as amended, alleged substantially as follows: In 1895 the plaintiff owned a certain described tract of land through which the line of the defendant com7 pany (then known as the Savannah, Florida & Western Bailway Company) extended. There flowed through plaintiff’s land a natural branch of fresh, pure water. This ran for a short distance along the right of way of the company, and then crossed the right of way…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. There was no error in overruling the demurrer based on the ground that the petition set out no cause of action. It alleged the creation of an abatable private nuisance, 'and its maintenance by the defendant after notice to abate it, with resulting damages.
2. One ground of the demurrer was aimed at the allegation that *427a suit had been brought in 1901 in the same court against “the defendant company then known as the Savannah, Florida and Western Eailway Company,” that a nonsuit had been granted, and that costs were paid and the present ’action was brought…
2Cases cited4 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- Atlantic & Birmingham Railway Co. v. JohnsonSupreme Court of Georgia · 1907
- Southern Railway Co. v. CookSupreme Court of Georgia · 1899
- Gabbett v. City of AtlantaSupreme Court of Georgia · 1911
3Cited by11 opinions
- Heyde v. Xtraman, Inc.Court of Appeals of Georgia · 1991
- Sheldon & Co. v. Emory UniversitySupreme Court of Georgia · 1937
- Sheppard v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1924
- Bell v. SigalCourt of Appeals of Georgia · 1973
- Mitchell County v. DixonCourt of Appeals of Georgia · 1917
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