Georgia Florida & Alabama Railway Co. v. Jernigan

1. This is an action for damages resulting from an alleged nuisance which it is averred caused members of the plaintiff’s family to be ill. The nuisance was a small stagnant pond of water near the plaintiff’s residence, which was produced by the construction of the defendant’s road-bed across a low place, being a natural drain for adjacent territory, without placing under the road-bed a proper culvert for the purpose of allowing the water to escape. The evidence is undisputed that the water did accumulate and that a culvert was necessary in order to avoid such accumulation. The culvert was…