Legal Opinion

Southern Railway Co. v. Ward

Supreme Court of Georgia

Decided July 14, 1908PublishedCited by 17 opinions

Action for damages. Before Judge Reagan. Henry superior court. July 19, 1907.

1Opinion of the CourtHolden, J.

1. Where a petition alleges that the plaintiff was damaged by an overflow 'of bottom lands, caused by back water produced by an obstruction placed by defendant in a creek, such allegation is supported by proof that a ditch through such land, crossing such creek 'one or more times and ending in the same, through part of which ditch the water of such creek flowed, and into which other streams flowed on their way to the run of such creek, was partly filled by sand from such back water, whereby the water which formerly flowed through such ditch overflowed such land.

2. The testimony of…

2Cases cited1 opinion

  1. Hixon v. StateSupreme Court of Georgia · 1908

3Cited by17 opinions

  1. Hunt v. WilliamsCourt of Appeals of Georgia · 1961
  2. Central of Georgia Railway Co. v. MoteSupreme Court of Georgia · 1908
  3. Louisville & Nashville Railroad v. LovelaceCourt of Appeals of Georgia · 1921
  4. Insurance Co. of North America v. Gulf Oil Corp.Court of Appeals of Georgia · 1962
  5. Chandler v. Alabama Power CompanyCourt of Appeals of Georgia · 1961

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