Savannah & Ogeechee Canal Co. v. Bourquin
Supreme Court of Georgia
Charge of Court. Prescription. Trespass. Damages. Before Judge Schley. Chatham Superior Court. January Term, 1872. Benedict Bourquin brought case against the Savannah and Ogeechee Canal Company, claiming $20,000 00 damages, upon the following statement of facts : He had been for many years the owner, and in the actual possession, of a plantation in the county of Chatham, through which is constructed the Savannah and Ogeechee Canal.
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Charge of Court. Prescription. Trespass. Damages. Before Judge Schley. Chatham Superior Court. January Term, 1872. Benedict Bourquin brought case against the Savannah and Ogeechee Canal Company, claiming $20,000 00 damages, upon the following statement of facts : He had been for many years the owner, and in the actual possession, of a plantation in the county of Chatham, through which is constructed the Savannah and Ogeechee Canal. Before and during the war, he had planted rice on about seventy-five acres of the land. His planting operations were suspended after the capture of Savannah, until…
1Opinion of the Court
Trippe, Judge.
1. We do not propose to take up seriatim the various grounds in the motion for a new trial, but to give such direc- ■ tions as to the main questions involved that the case may, on a new trial, be relieved from any errors of a material character which may have been committed. The action was for damages caused by the defendant’s keeping the sides and banks of the canal in a bad and ruinous condition, for want of necessary mending and repairing of the same. There was no evidence, so far as the record discloses, that the bottom of the canal had become foul or filled up. The charge…
2Cases cited3 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Blunt v. McCormickNew York Supreme Court · 1846
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- Goble v. Louisville & Nashville RailroadSupreme Court of Georgia · 1938
- Kerlin v. Southern Bell Telephone & Telegraph Co.Supreme Court of Georgia · 1941
- Rogers v. Coal River Boom & Driving Co.West Virginia Supreme Court · 1894
- Ellington v. BennettSupreme Court of Georgia · 1877
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