Martin v. Gainesville, Jefferson & Southern Railroad

Hall, Justice.

This was a suit for damages, resulting from the stopping Up of a sewer-pipe carrying off water from a dry well on plaintiff’s premises and discharging it on defendant’s land. The original declaration failed to allege that plaintiff had a right, either by grant or prescription, to an easement thus to empty the water from the pipe on the land of defendant; the court allowed, over defendant’s objection, an amendment to the declaration, averring substantially these facts. After the amendment was made, on motion of defendant, the suit was dismissed, and to this judgment of dismissal…