Rucker v. Athens Manufacturing Co.
Supreme Court of Georgia
Trespass. Evidence. Damages. New trial. Before Judge Rice. Clarke Superior Court. February Adjourned Term, 1874. Rucker brought' case against the Athens Manufacturing Company for $5,000 00 damages, alleged to have been sustained by reason of water being backed upon the plaintiff’s land by the mill-dam of the defendant. The defendant pleaded the general issue.
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Trespass. Evidence. Damages. New trial. Before Judge Rice. Clarke Superior Court. February Adjourned Term, 1874. Rucker brought' case against the Athens Manufacturing Company for $5,000 00 damages, alleged to have been sustained by reason of water being backed upon the plaintiff’s land by the mill-dam of the defendant. The defendant pleaded the general issue. The jury found for the plaintiff $1,-500 00. The defendant moved for a new trial upon the following, amongst other grounds, to-wit: 1st. Because the court erred in refusing to allow the defendant to prove by Robert L. Bloomfield that…
1Opinion of the Court
McCay, Judge.
1. We think the judge clearly erred in refusing to permit the defendant to prove the conformation of the banks of the stream below the dam. Under the evidence, as admitted by all parties, the plaintiff’s land only suffered in times of high ■water. The proof shows that at times of high water the defendant’s dam was itself submerged, and that the back water was caused by the narrowness of the passage below his dam. *86This was a material fact, bearing directly upon the question in dispute, to-wit: whether the defendant’s dam was the cause of the overflow of the plaintiff’s land. It is…
2Cited by6 opinions
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- Milton Bradley Co. of Ga. v. CooperCourt of Appeals of Georgia · 1949
- Shaw v. Mayor of MaconCourt of Appeals of Georgia · 1909
- Trammell v. Columbus RailroadCourt of Appeals of Georgia · 1911
- Ellington v. BennettSupreme Court of Georgia · 1877
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