Savannah, Florida & Western Ry. Co. v. Parish
Supreme Court of Georgia
Action for damages. Before Judge Griffin. City court of Valdosta. ■ January 2, 1903. The suit was brought in May, 1902. The plaintiff alleged, in brief, that he had resided since 1895 on a lot in Valdosta, the rear of which was bounded by the right of way of the defendant; that his home had been well situated, healthy, and in every way desirable as a family residence, up to the summer of 1899, when the defendant cut and had continued to maintain, on its right of way…
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Action for damages. Before Judge Griffin. City court of Valdosta. ■ January 2, 1903. The suit was brought in May, 1902. The plaintiff alleged, in brief, that he had resided since 1895 on a lot in Valdosta, the rear of which was bounded by the right of way of the defendant; that his home had been well situated, healthy, and in every way desirable as a family residence, up to the summer of 1899, when the defendant cut and had continued to maintain, on its right of way immediately in the rear of the plaintiff’s lot, a ditch or excavation five or six feet deep, twenty-five feet wide, and…
1Opinion of the CourtLamar, J.
The testimony tended to show that water, which collected in a trench dug by the railroad company on its right of way near the plaintiff’s house, became stagnant; that the odors arising therefrom impaired the desirability of his house as a residence, besides causing sickness to himself and family. The defendant introduced no testimony, but on cross-examination brought out the fact that many others in the .immediate neighborhood were likewise affected. It argued that the evidence made out a case of public nuisance, and procured from the court the following charge: “ If you find this to be a…
2Cases cited5 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Wylie v. ElwoodIllinois Supreme Court · 1890
- East Tenn., Va. & Ga. Railway Co. v. BoardmanSupreme Court of Georgia · 1895
- South Carolina Rail Road v. MooreSupreme Court of Georgia · 1859
- DeVaughn v. MinorSupreme Court of Georgia · 1887
3Cited by11 opinions
- Thrasher v. City of AtlantaSupreme Court of Georgia · 1934
- Towaliga Falls Power Co. v. SimsCourt of Appeals of Georgia · 1909
- Vickers v. City of FitzgeraldSupreme Court of Georgia · 1960
- Georgia Florida & Alabama Railway Co. v. JerniganSupreme Court of Georgia · 1907
- City of Blue Ridge v. KikerSupreme Court of Georgia · 1940
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