Smith v. Dallas Utility Co.
Court of Appeals of Georgia
Action for damages; from Paulding superior court — Judge Irwin. November 4, 1920. The plaintiff’s petition was hied January 17, 1920, and alleged that in the year 1911 the Paulding .County Power Company erected a dam across Pumpkinvine creek, and that this dam caused the waters of the creek to back, overflow, and submerge the plaintiff’s lands, thereby destroying them-for agricultural purposes; that she was thus deprived of the use of her lands for the years 1918 and 1919,…
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Action for damages; from Paulding superior court — Judge Irwin. November 4, 1920. The plaintiff’s petition was hied January 17, 1920, and alleged that in the year 1911 the Paulding .County Power Company erected a dam across Pumpkinvine creek, and that this dam caused the waters of the creek to back, overflow, and submerge the plaintiff’s lands, thereby destroying them-for agricultural purposes; that she was thus deprived of the use of her lands for the years 1918 and 1919, and that they were of the yearly value of $1,600; that about February 10, 1918, the defendant, Dallas Utility Company,…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts.) Section 3634 of the Civil Code of 1910 makes it lawful for corporations or individuals, who own or control lands upon opposite sides of *24any non-navigable stream in this State, to construct and maintain a dam across the stream for the development of water-power and other purposes. This right, however, does not release such individuals or corporations from liability for damage to private property, resulting from the construction and operation of such dam, either by overflow or otherwise. The plaintiff in this case therefore was obviously entitled…
2Cases cited7 opinions
- Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
- Central Georgia Power Co. v. StubbsSupreme Court of Georgia · 1913
- Nolan v. Central Georgia Power Co.Supreme Court of Georgia · 1910
- Bolton v. City of NewnanSupreme Court of Georgia · 1917
- Jones v. North Georgia Electric Co.Supreme Court of Georgia · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cox v. Cambridge Square Towne Houses, Inc.Supreme Court of Georgia · 1977
- Provident Mutual Life Insurance v. City of AtlantaDistrict Court, N.D. Georgia · 1994
- Sheppard v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1924
- Georgia Power Co. v. MooreCourt of Appeals of Georgia · 1933
- Cantrell v. AbernathyCourt of Appeals of Georgia · 1969
1 more not listed; retrieve them via the Exa API.