Delaney v. Railway Company

Aug. 1, 1900. The opinion of the Court was delivered by This appeal is from an order sustaining a demurrer to the complaint pleaded by the two last named defendants on the ground that as to them it failed to state facts sufficient to constitute a cause of action. The complaint alleges in substance that the Georgia, Carolina and Northern Railway Company in building its roadbed over a water course on plaintiff's land, negligently constructed a culvert too narrow to permit the volume of water to pass through without flooding, and thereby flooded plaintiff's land, injuring said land and…