Bainbridge Power Co. v. Ivey

1. The lawful power to construct a dam and impound water does not carry with it the power to create a nuisance by the maintenance of foul and ill-smelling water in the pond and in the breeding- of mosquitoes, to the damage of persons living in the neighborhood of the pond. Holmes v. Atlanta, 113 Ga. 961 (39 S. E. 458).

2. A nuisance of the character indicated above, whether permanent or not, is nevertheless a continuing one, and there may be a recovery for all damage resulting therefrom occurring within the statutory period of limitation, notwithstanding the nuisance may have been created and…