Central Railroad & Banking Co. v. Kent

Lumpkin, Justice.

1. The testimony m this case was quite voluminous. After a careful examination of it, we find that the following facts indisputably appeared : The culvert under the embankment where the washout occurred, which was near the 126th mile-post from Macon, was constructed in 1858, was properly built, was sufficient in all ordinary storms and freshets to carry off all the water which had to jiass through it, had withstood the storms of nearly thirty years, and immediately preceding the great rain-storm which caused the washout was apparently in a perfectly safe condition. That…