Central Railroad v. English
Supreme Court of Georgia
Railroads. Damages. Negligence. Nuisance. Landlord and Tenant. Before Judge Simmons. Houston Superior Court. April Term, 1884. English brought his action for damages against the Central Railroad, alleging, in brief, as follows: The Southwestern Railroad built an embankment so as to dam and pond up the waters of a certain creek which was crossed by its track, thus rendering the neighborhood sickly and creating a nuisance.
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Railroads. Damages. Negligence. Nuisance. Landlord and Tenant. Before Judge Simmons. Houston Superior Court. April Term, 1884. English brought his action for damages against the Central Railroad, alleging, in brief, as follows: The Southwestern Railroad built an embankment so as to dam and pond up the waters of a certain creek which was crossed by its track, thus rendering the neighborhood sickly and creating a nuisance. The Central Railroad leased the Southwestern road, and continued the nuisance in 1878 and 1879, though often notified to abate it. Plaintiff leased the land on which was the…
1Opinion of the Court
Blandford, Justice.
1. The only complaint upon the part of the plaintiff in error as to the action of the court below is, that the court refused to charge the jury, as requested, that if the plaintiff below could have avoided the injury to himself, then he cannot recover.
Under the facts of this case, we think the court did right to refuse this request. It appeared that defendant in error rented from one Flournoy certain lands for the year 1877; that he knew that plaintiff in error maintained a nuisance on this land, which was a pond of water, which affected the health of his family; that with…
2Cases cited1 opinion
- Bonner v. WelbornSupreme Court of Georgia · 1849
3Cited by18 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Miller v. ColemanSupreme Court of Georgia · 1957
- Central of Georgia Railway Co. v. Americus Construction Co.Supreme Court of Georgia · 1909
- Hoffman v. Atlanta Gas Light Co.Court of Appeals of Georgia · 1992
- Southern Railway Co. v. CookSupreme Court of Georgia · 1899
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