Legal Opinion

Maguire v. Baker

Supreme Court of Georgia

Decided July 15, 1876PublishedCited by 4 opinions

Evidence. Deeds. Vendor and purchaser. Servitude. Water. Prescription. Charge of Court. New trial. Before Judge Hopkins. DeKalb Superior Court. September Adjourned Term, 1875. Maguire brought two actions of case against Baker and Humphries for damages to land in DeKalb county, located on No Business Creek, caused by the overflow of water thereupon, resulting from a mill-dam on Yellow River.

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Evidence. Deeds. Vendor and purchaser. Servitude. Water. Prescription. Charge of Court. New trial. Before Judge Hopkins. DeKalb Superior Court. September Adjourned Term, 1875. Maguire brought two actions of case against Baker and Humphries for damages to land in DeKalb county, located on No Business Creek, caused by the overflow of water thereupon, resulting from a mill-dam on Yellow River. To these suits the defendants pleaded the general issue, title in themselves, and that the plaintiff purchased subject to the servitude of the overflow from the dam. The cases were consolidated and tried…

1Opinion of the Court

Warner, Chief Justice.

The plaintiff brought an action against the defendants to recover damages for overflowing his land by the erection of a mill-dam. On the trial of the case, the jury, under the charge of the court, found a verdict in favor of the defendants. The plaintiff made a motion for a new trial on the grounds set forth therein, which was overruled by the court, and the plaintiff excepted. There was a great deal of evidence introduced on both sides, which was conflicting, and the only questions for us to consider are the alleged errors in the rulings of the court.

*1131. It is insisted…

2Cited by4 opinions

  1. Stafford v. MaddoxSupreme Court of Georgia · 1891
  2. Goldsmith v. WhiteSupreme Court of Georgia · 1882
  3. Ingram v. FisherSupreme Court of Georgia · 1883
  4. H. C. Hower Lumber Co. v. GorsuchCourt of Appeals of Georgia · 1937

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