Garmany v. Southern Ry. Co.

The opinion of the Court was delivered by

Mr. Justice Carter.

These suits by J. R. Garmany, as plaintiff, against the Southern Railway Company, and P. E. Terry, as plaintiff, against the same defendant, were commenced in the Court of Common Pleas for Jasper County, September 25, 1926, for the recovery of damages to lands and crops of the plaintiffs in said county of Jasper, at or near the town of Hardeeville, on account of alleged diversion and obstruction of surface water by the defendant. The defendant set up a general denial. By agreement the cases were tried together, at the December, 1926,…