Legal Opinion

Brimberry v. Savannah, Florida & Western Railway Co.

Supreme Court of Georgia

Decided June 13, 1887PublishedCited by 8 opinions

Actions. Damages. Nuisance. Water Courses. Before Judge Bower. Mitchell Superior Court. March Term, 1886. Reported in the decision.

1Opinion of the Court

Hall, Justice.

This action was instituted to recover damages for the continuance of a nuisance by suffering polluted water to flow upon the plaintiff’s premises, thus accumulating thereon garbage, filth and decaying matter, which created noxious stenches' and produced sickness, and thereby impaired the value of his property. The case made by the plaintiff’s testimony was substantially this : In 1870, a railway was constructed by the South Georgia and Florida Railroad Company, running close to the eastern border of the town of Camilla. This company acquired its right of way over, the premises…

2Cases cited4 opinions

  1. Peck v. HerringtonIllinois Supreme Court · 1884
  2. Smith v. City of AtlantaSupreme Court of Georgia · 1886
  3. Brown v. McAllisterCalifornia Supreme Court · 1870
  4. Waffle v. . New York Central R.R. Co.New York Court of Appeals · 1873

3Cited by8 opinions

  1. Union Carbide Corp. v. HoltonCourt of Appeals of Georgia · 1975
  2. Holman v. Athens Empire Laundry Co.Supreme Court of Georgia · 1919
  3. Citizens & Southern Trust Co. v. Phillips Petroleum Co.Court of Appeals of Georgia · 1989
  4. Fielder v. RICE CONST. CO., INC.Court of Appeals of Georgia · 1999
  5. Edgar v. WalkerSupreme Court of Georgia · 1899

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