Baker v. Scofield
Supreme Court of Georgia
Municipal Corporations. Evidence. Presumptions. Damages. New Trial. Before Judge McCutchen. Bartow Superior Court. July Term, 1876. Emily R. Baker and Caleb Tompkins brought case against Boliver Scofield for damages caused by the overflow of two lots, the property of plaintiffs, such overflow being the result of the construction of a ditch by the defendant, by which he sought to drain his lands. The damages were laid at $2,500.00. The defendant pleaded not guilty.
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Municipal Corporations. Evidence. Presumptions. Damages. New Trial. Before Judge McCutchen. Bartow Superior Court. July Term, 1876. Emily R. Baker and Caleb Tompkins brought case against Boliver Scofield for damages caused by the overflow of two lots, the property of plaintiffs, such overflow being the result of the construction of a ditch by the defendant, by which he sought to drain his lands. The damages were laid at $2,500.00. The defendant pleaded not guilty. The jury found for the plaintiffs $50.00, with costs of suit. The plaintiffs moved for a new trial upon the following, among…
1Opinion of the Court
Bleckley, Judge.
1. What was done by a city council, as such, in refusing or granting permission to a private person to cut a ditch which proved to be a nuisance to the occupants of certain lots in the neighborhood, ought to appear by the municipal records — see 44 Ga., 529. But what the person may have said to the council, orally, as to his wanting leave to cut the ditch, or as to his willingness to be responsible for all damages that might result from cutting it, and wliat answers may have been made to him orally by members of the council, might be proved by parol. The presumption, however,…
2Cases cited1 opinion
- Parsons v. Trustees of the Atlanta UniversitySupreme Court of Georgia · 1871
3Cited by2 opinions
- McWilliams v. City of RomeSupreme Court of Georgia · 1912
- Town of Jackson v. EllisSupreme Court of Georgia · 1902