Fowler v. Jackson
Supreme Court of Georgia
Arbitration and award. Practice. Before Judge Hutchins. Gwinnett superior court. March adjourned term, 1890. Fowler sued for damages to bis lands from the erection and maintenance by defendant, without plaintiff’s consent, of a dam on a river, by which he alleged that the natural flow of water was obstructed and the water caused to overflow his land, his drain-ditches were filled with sand so that he could not keep them open, his crops were destroyed and his lands rendered…
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Arbitration and award. Practice. Before Judge Hutchins. Gwinnett superior court. March adjourned term, 1890. Fowler sued for damages to bis lands from the erection and maintenance by defendant, without plaintiff’s consent, of a dam on a river, by which he alleged that the natural flow of water was obstructed and the water caused to overflow his land, his drain-ditches were filled with sand so that he could not keep them open, his crops were destroyed and his lands rendered too wet for cultivation; and that he had been forced to expend a certain sum in making races and aqueducts to convey the…
1Opinion of the Court
Blandeord, Justice.
This case was submitted to arbitrators, who made an award in favoT of the plaintiff in error, to which award certain exceptions were filed by the defendant in error. A demurrer to the exceptions, on the part of the plaintiff' in error, was sustained as to the first, third, fifth and eighth exceptions, and overruled as to the second, fourth, .sixth, seventh and ninth.
The second exception taken to the award was as follows : Because, after J. M. Patterson had' been duly selected by the arbitrators as the other arbitrator or umpire and had been sworn as such, at the instance…
2Cited by4 opinions
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- Vickers v. ThomasCourt of Appeals of Georgia · 1986