Mayor & Council of Americus v. Brightwell

The plaintiff in error contends that the court should have charged the jury specifically in reference to a paragraph of its answer, that the water was not caused to flow over the plaintiff’s property by the grade of the street, but that, if the water did so flow, it was on account of the topography of the land, that is, the plaintiff’s land was in a low place as compared with the lands about it. There is no merit in this contention, for the reason that the paragraph of the answer referred to amounted to no more than a general denial that the defendant unreasonably or unlawfully cast water on…