Baker v. McGuire
Supreme Court of Georgia
Land. License. Riparian rights. Before .Judge Hopkins. DeKalb Superior Court. March Term, 1874. Thomas McGuire brought case against Zadock C. Baker and Bradford Humphries for $5,000 00 damages, sustained by reason of the backing of the water of “No Business” creek on certain lands of the plaintiff, situated in the counties of DeKalb and Gwinnett. The defendants pleaded the general issue, and set up title in themselvs to a portion of the land alleged to have been injured.
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Land. License. Riparian rights. Before .Judge Hopkins. DeKalb Superior Court. March Term, 1874. Thomas McGuire brought case against Zadock C. Baker and Bradford Humphries for $5,000 00 damages, sustained by reason of the backing of the water of “No Business” creek on certain lands of the plaintiff, situated in the counties of DeKalb and Gwinnett. The defendants pleaded the general issue, and set up title in themselvs to a portion of the land alleged to have been injured. The following brief statement of facts as presented by the testimony, is sufficient to an understanding of this case:…
1Opinion of the Court
McCay, Judge.
1. "We clo not go into the evidence in this case. The judge below was, himself, satisfied that the verdict was excessive, and has put the plaintiff below upon terms. We find some difficulty, it is true, in discovering what rule the judge adopted in finding how much ought to stand and how much ought to be written off. We cannot, however, refrain from saying *247that, as the facts appear in the record, it is impossible to agree with the opinion of the witnesses that the dam caused the overflow above the riffles and running water, and almost all the witnesses say, there was- running…
2Cited by11 opinions
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- Greisinger v. KlinhardtSupreme Court of Missouri · 1928
- Whelchel v. Gainesville & Dahlonega Electric Railway Co.Supreme Court of Georgia · 1902
- Ellington v. BennettSupreme Court of Georgia · 1877
- Cherokee Mills v. Standard Cotton MillsSupreme Court of Georgia · 1912
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