Winham, King & Aldridge v. McGuire
Supreme Court of Georgia
Prescription. License. New trial. Newly discovered evidence. Before Judge Harvey. Haralson county. At Chambers. May 19th, 1873. George W. McGuire brought complaint against Winham, King & Aldridge, for $1,000 00 damages, alleged to have been sustained by him, through the overflowing of his land by water, caused by the erection of a mill-dam by the defendant. The general issue was pleaded.
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Prescription. License. New trial. Newly discovered evidence. Before Judge Harvey. Haralson county. At Chambers. May 19th, 1873. George W. McGuire brought complaint against Winham, King & Aldridge, for $1,000 00 damages, alleged to have been sustained by him, through the overflowing of his land by water, caused by the erection of a mill-dam by the defendant. The general issue was pleaded. The evidence for the plaintiff made this case : Plaintiff was damaged by the backing of the water caused by the mill-dam, between $30 00 and $100 00. The dam was erected some twenty-five or twenty-eight years…
1Opinion of the Court
Trippe, Judge.
1. If money has been expended and investments made by reason of a parol license to an easement on the land of another, and for the enjoyment of the same, such as to back water by the erection of a mill-dam, the licensee is not liable to an action for damages for erecting the dam, either by the party giving the license or by any subsequent owner of the land which is overflowed. Nor is any subsequent owner of the mill and dam, or one who is in possession thereof, liable to an action for keeping up such dam: Sheffield vs. Collier, 3 Georgia, 82. In such a case, as was said in…
2Cited by8 opinions
- Pifer v. BrownWest Virginia Supreme Court · 1897
- Miller v. SlaterSupreme Court of Georgia · 1936
- City Council v. Burum & Co.Supreme Court of Georgia · 1893
- Bosworth v. NelsonSupreme Court of Georgia · 1930
- Barton v. GammellCourt of Appeals of Georgia · 1977
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