Central Railroad & Banking Co. v. Wood
Supreme Court of Georgia
Amendment. New trial. Before Judge Hill. Bibb Superior Court. October Term, 1873. James Wood brought case against the Central Railroad and Banking Company for $20,000 00 damages, alleging that the defendant had dammed up a stream of water causing a pond, whereby malaria arose, producing sickness in the family of the plaintiff and putting him to great expense, trouble, loss of time, etc.
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Amendment. New trial. Before Judge Hill. Bibb Superior Court. October Term, 1873. James Wood brought case against the Central Railroad and Banking Company for $20,000 00 damages, alleging that the defendant had dammed up a stream of water causing a pond, whereby malaria arose, producing sickness in the family of the plaintiff and putting him to great expense, trouble, loss of time, etc. In the course of the trial, the plaintiff proposed to amend his declaration and charge that the defendant had thrown up au embankment in altering the locality of its roadbed, and in so doing had turned up and…
1Opinion of the Court
McCay, Judge.
1. The action in this case was for erecting a pond, and thereby, as a consequence of such erection, causing sickness in *518the plaintiff’s family. Were the pond a mere incident to the embankment there might be some ground for the claim that the amendment is only another mode of stating the same cause of action. But the evidence is clear, and the proposed amendment conforms to the same idea that the embankment and the pond are different enterprises. Ordinarily, water is allowed to pass through a railroad embankment by a culvert. But the railroad company here undertook to make a pond.…
2Cited by7 opinions
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- Southern Railway Co. v. AnsleyCourt of Appeals of Georgia · 1910
- State Highway Department v. StricklandSupreme Court of Georgia · 1958
- Skidaway Shell Road Co. v. O'BrienSupreme Court of Georgia · 1884
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