City of Macon v. Hawes
Court of Appeals of Georgia
Action for damages; from Bibb superior court — Judge Mathews. August 18, 1920. Application for certiorari was denied by the Supreme Court.
1Opinion of the CourtStephens, J.
1. In a suit by a landed proprietor to recover damages for an injury to his buildings, caused by the conduct of the defendant (an adjacent proprietor) in causing an unnatural and artificial accumulation of water to be discharged and precipitated upon the land of the plaintiff, and where the charge of the court, clearly restricted *380the plaintiff to a recovery for damage occasioned by the water, the plaintiff being under no duty to do anything to prevent such damage (Athens Mfg. Co. v. Rucker, 80 Ga. 291 (4), 4 S. E. 885), it was not error to fail to charge (without special request) that it was…
2Cases cited5 opinions
- Athens Manufacturing Co. v. RuckerSupreme Court of Georgia · 1887
- Empire Mills Co. v. Burrell Engineering & Construction Co.Court of Appeals of Georgia · 1916
- Harrison v. KiserSupreme Court of Georgia · 1887
- McConnell Bros. v. SlappeySupreme Court of Georgia · 1910
- Georgia Railroad & Banking Co. v. CrawleySupreme Court of Georgia · 1891
3Cited by6 opinions
- Burke County v. RenfroeCourt of Appeals of Georgia · 1941
- Morrow v. JohnstonCourt of Appeals of Georgia · 1952
- Keener v. AddisCourt of Appeals of Georgia · 1939
- Overby v. StateCourt of Appeals of Georgia · 2012
- Associated Lerner Shops of America, Inc. v. Thibadeau, Shaw & Company, Inc.Court of Appeals for the Fifth Circuit · 1968
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