Godwin v. Atlantic Coast Line Railroad
Supreme Court of Georgia
Action for damages. Before Judge Griffin. City court of Valdosta. February 5, 1904. Mrs. Elizabeth Godwin brought suit against the Atlantic Coast Line Railroad Company for the death of her husband.
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Action for damages. Before Judge Griffin. City court of Valdosta. February 5, 1904. Mrs. Elizabeth Godwin brought suit against the Atlantic Coast Line Railroad Company for the death of her husband. The petition alleged, that the defendant’s predecessor, before its merger with the defendant, dug a trench or pool near the residence of the deceased;, that filthy water drained into this pool and became stagnant, polluted, and poisonous, sending forth noxious and offensive odors, vapors, and smells, impregnating the atmosphere which the deceased and others at his home were compelled to breathe,…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) Whether the pool was a nuisance was a controlling point. But it was an issue to be decided by the jury and not by a witness. It would, therefore, have been clearly incompetent as against the defendant to *750allow witnesses to testify that they regarded it as a nuisance, and had contributed to a fund to have it abated as such. Nor had there been any contradictory statement, nor anything in their previous testimony which made relevant, on cross-examination, this otherwise irrelevant testimony. Both of the witnesses admitted the existence of the pool; neither…
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- Atlanta Gas Light Company v. MillsCourt of Appeals of Georgia · 1949
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