Marshall v. Cohen
Supreme Court of Georgia
Landlord and Tenant. Nuisance. Tried before Judge Chisolm. City Court of Savannah. November Term, 1870. This was an action on the case for damages, with general pleas of denial of the grievances alleged.
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Landlord and Tenant. Nuisance. Tried before Judge Chisolm. City Court of Savannah. November Term, 1870. This was an action on the case for damages, with general pleas of denial of the grievances alleged. The plaintiff testified in his own behalf as follows: Some time in the latter part of November, in the year 1869, the defendant leased to him a store and premises situate in the city of Savannah, on the north side of Broughton street, being the ground floor of a building owned and still owned by the defendant, for the sum of $800 00 per annum; the lease was for no specific time, he then being…
1Opinion of the Court
Lochrane, Chief Justice.
This was an action brought by a tenant against the landlord to recover damages done to goods on account of an alleged nuisance kept in the upper part of a building, being a water-closet, on account of which water overflowed, and his goods below were injured. The proof shows that the water-closet complained of was upon the premises at the time the party rented the store, and the closet itself was not a nuisance, but convenience for the other tenants living in the upper part of the building. The proof shows that this damage was done, not on account of any defect in the…
2Cited by8 opinions
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