Legal Opinion

Jones v. Water Lot Co.

Supreme Court of Georgia

Decided July 15, 1855No. 77PublishedCited by 19 opinions

Trespass, in Muscogee Superior Court. Tried beforJudge Worrell, at December Term, 1855. Seaborn Jones brought suit against the Water Lot Company of the City of Columbus, for a trespass, in overflowing the water wheels of plaintiff’s mill, by erecting and raising a dam below, and causing the water to flow back. Plaintiff claimed under a grant from the State of Georgia, and proved on the the trial the trespass laid.

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Trespass, in Muscogee Superior Court. Tried beforJudge Worrell, at December Term, 1855. Seaborn Jones brought suit against the Water Lot Company of the City of Columbus, for a trespass, in overflowing the water wheels of plaintiff’s mill, by erecting and raising a dam below, and causing the water to flow back. Plaintiff claimed under a grant from the State of Georgia, and proved on the the trial the trespass laid. It was also proved that plaintiff’s own mill-dam, extended across the river; and without extending across, the mill would be worthless. The Court charged the Jury, that if they…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] The plaintiff is manifestily entitled to a new trial in 'this case. It was not disputed but that he was entitled to recover nominal damages, at least, for the overflowing of his land by the erection of the defendant’s dam ; and so the Court charged the Jury. A verdict was, notwithstanding, rendered for the defendant; whereupon, the presiding Judge, put the defendants upon terms, namely: that if they would *541pay nominal damages and cost, a new trial would not be granted. One dollar as damages, and seven dollars and fifty cents costs, being…

2Cases cited1 opinion

  1. Young v. HarrisonSupreme Court of Georgia · 1849

3Cited by19 opinions

  1. Central of Georgia Railway Co. v. PerkersonSupreme Court of Georgia · 1901
  2. Hall v. BrowningSupreme Court of Georgia · 1943
  3. Norcross v. GriffithsWisconsin Supreme Court · 1886
  4. Bradley v. GodwinCourt of Appeals of Georgia · 1979
  5. Gould v. WagnerMassachusetts Supreme Judicial Court · 1907

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