Freidenburg & Co. v. Jones
Supreme Court of Georgia
Practice in the Superior Court. New trial. Landlord and tenant. Damages. Before Judge Harden. City Court of Savannah. May Term, 1819. Freidenburg & Co., who were tenants of Jones et al., executors, brought case against the latter for damages arising from the leaking of water from the upper floor of the building, which was not occupied by plaintiffs, into that portion which they did occupy.
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Practice in the Superior Court. New trial. Landlord and tenant. Damages. Before Judge Harden. City Court of Savannah. May Term, 1819. Freidenburg & Co., who were tenants of Jones et al., executors, brought case against the latter for damages arising from the leaking of water from the upper floor of the building, which was not occupied by plaintiffs, into that portion which they did occupy. It was alleged that on the upper floor was a bath-room, and that the landlords carelessly caused or permitted water to run from a certain pipe into the bath-tub and thence to the floor, from which it ran…
1Opinion of the Court
Jackson, Justice.
This case was tried without the intervention of a jury, and of course, under the repeated rulings of this court, the same power of judging of facts and the same indisposition to interfere therewith on the part of this court, will be accorded to the court below, acting both as jury and judge, as would be accorded to the jury in the first place and to the judge on a motion for a -new trial, in ordinary cases where the two jurisdictions, so to speak, are not united.
In the points where there is any contest about facts, the judge, acting as a jury, will be allowed to settle them…
2Cases cited1 opinion
- J. B. White & Co. v. MontgomerySupreme Court of Georgia · 1877
3Cited by22 opinions
- Monahan v. National Realty Co.Court of Appeals of Georgia · 1908
- Givens v. GrayCourt of Appeals of Georgia · 1972
- Adair v. AllenCourt of Appeals of Georgia · 1916
- Stallings v. BrittSupreme Court of Georgia · 1948
- Gardner v. RhodesSupreme Court of Georgia · 1902
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