Garmany v. Southern Ry. Co.

(dissenting) : These were separate actions for damages for injury to land by reason of the alleged negligent and willful act of the defendant company in releasing the water of a wet-weather pond (surface water), which was- upon the right-of-way of' the railroad company, by which the water in concentrated form was cast successively upon the lands of the plaintiffs below the level of the pond.

By agreement the cases were tried together before his Honor, Judge Mauldin, and a jury. At the conclusion of the testimony the defendant made a motion for a directed verdict in each case which was refused.…