Branan v. May
Supreme Court of Georgia
Case, in Taylor Superior Court. Tried before Judge Crawford, October Term, 1854. This was an action by May against Branan, for the value of two mules, alleged to have been drowned by reason of defendant’s digging a mill-race across the public • highway, without authority of law. The Court below admitted evidence of the use of the road as a public highway. Defendants excepted, insisting that there was higher evidence — the order of the Inferior Court.
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Case, in Taylor Superior Court. Tried before Judge Crawford, October Term, 1854. This was an action by May against Branan, for the value of two mules, alleged to have been drowned by reason of defendant’s digging a mill-race across the public • highway, without authority of law. The Court below admitted evidence of the use of the road as a public highway. Defendants excepted, insisting that there was higher evidence — the order of the Inferior Court. This is the first error assigned. It appeared that May was travelling in a carriage with two mules, and a negro boy as driver. When the mules…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The rule of law regulating this action, requires that two things should concur to support it: An obstruction in the road by the fault of the defendant; and no want of ordinary care to avoid it, on the j art of the plaintiff. (Butterfield vs. Forester, 11 East. R. 60. Bridge vs. Grand. Junction, &c. 3 M. & W. 248. 1 M. & G. 568.)
This was a public road existing by prescription ; and consequently, required no written authority, emanating from the Inferior Court, to prove its existence as a highway. It is not denied but that the mill-race was…
2Cited by10 opinions
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- Western & Atlantic Railroad v. BloomingdaleSupreme Court of Georgia · 1885
- Macon & Western R. R. v. WinnSupreme Court of Georgia · 1856
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