Athens Manufacturing Co. v. Rucker
Supreme Court of Georgia
Damages. Negligence. Water-courses. Mill-dams. Trespass. Pleadings. Evidence. New trial. Before Judge Hutchins. Clarke superior court. April term, 1887. The plaintiff bought and went into possession of his land in 1870. Sandy creek flows into the Oconee river about one and a half miles from the land, at a point not quite two miles above the dam.
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Damages. Negligence. Water-courses. Mill-dams. Trespass. Pleadings. Evidence. New trial. Before Judge Hutchins. Clarke superior court. April term, 1887. The plaintiff bought and went into possession of his land in 1870. Sandy creek flows into the Oconee river about one and a half miles from the land, at a point not quite two miles above the dam. The bottoms in plaintiff’s land were in good order in 1868, when the factory dam was raised eight or twelve inches ; after that the ditches began to be filled with sand, and as fast as cleaned out would fill up again. The condition of the land was…
1Opinion of the Court
Blandford, Justice.
Rucker, in 1873, brought his action on the case against the Athens Manufacturing Company, in which he alleged *293that this company had injured and damaged him $5,000; in that they had erected a certain dam across the Oconee river, and had afterwards increased the height of the dam a number of inches, and thereby caused the waters of Sandy creek and of the river to overflow his land, and furthermore caused. the height of the stream passing through his land to rise to a nearer level with the surface of the land, rendering his land moist and wet and injuring it for purposes of…
2Cited by57 opinions
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- Den Norske Ameriekalinje Actiesselskabet v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1919
- City Council v. LombardSupreme Court of Georgia · 1897
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Goble v. Louisville & Nashville RailroadSupreme Court of Georgia · 1938
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