Head v. Towaliga Falls Power Co.
Court of Appeals of Georgia
Action for damages; from Butts superior court — Judge Searcy. March 26, 1921. The action was for damages on account of a nuisance.
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Action for damages; from Butts superior court — Judge Searcy. March 26, 1921. The action was for damages on account of a nuisance. The plaintiffs alleged, in substance, that they were the owners of certain land which was damaged by the defendant company in the following manner: The defendant erected a large concrete dam over the Towaliga river, and the dam caused the water to flow back for several miles up stream and create a pond which covered more than a thousand acres of land, and in which trees, logs, drift timber, brush and vegetable matter were submerged and rotted and decayed, emitting…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) As the exceptions are only to the overruling of the motion for a new trial, based upon the usual general grounds, this court cannot review the direction of a verdict. Kelley v. Cartledge, 151 Ga. 179 (106 S. E. 93). Neither will this court interfere with the discretion of the trial court in overruling a motion for a new trial if there is any evidence to support the verdict for the defendant. . In actions for nuisances, as in other actions for torts, the measure of damages is compensation to the plaintiff for the actual injury inflicted. Where the injury…
2Cases cited3 opinions
- Swift v. BroylesSupreme Court of Georgia · 1902
- Central Georgia Power Co. v. StubbsSupreme Court of Georgia · 1913
- Kelley v. CartledgeSupreme Court of Georgia · 1921
3Cited by8 opinions
- Golden Pantry Food Stores, Inc. v. Lay Bros.Court of Appeals of Georgia · 2004
- City of Albany v. JacksonCourt of Appeals of Georgia · 1924
- State of Georgia v. McGuireCourt of Appeals of Georgia · 1948
- Levinson v. Guggenheimer & Co.Court of Appeals of Georgia · 1928
- Epps v. HowardCourt of Appeals of Georgia · 1952
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