Atlanta & Florida Railroad v. Kimberly
Supreme Court of Georgia
Damages. Negligence. Railroads. Contracts. Master and servant. Nuisance. Evidence. Before Judge Richard H. Clark. Clayton superior court. September term, 1890. To the report contained in the decision the following is supplemental: It appeared from the evidence that the railroad was built by the Chattahoochee Brick Co. and James, under contract with the defendant company.
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Damages. Negligence. Railroads. Contracts. Master and servant. Nuisance. Evidence. Before Judge Richard H. Clark. Clayton superior court. September term, 1890. To the report contained in the decision the following is supplemental: It appeared from the evidence that the railroad was built by the Chattahoochee Brick Co. and James, under contract with the defendant company. One stipulation in this contract is, that the chief engineer of the railroad company may determine all questions as to grade, width of road-bed and slope of cuts. It further provides that the work is to be done under certain…
1Opinion of the Court
Simmons, Justice.
Kimberly sued, the railroad company for damages, and alleged in his declaration that while the company was constructing its road, it made a deep cut and piled the fresh earth therefrom near his dwelling-house, and dammed up a small stream and ponded the water therefrom near the house; and that it also stationed near the house a camp of convicts whom it was using in said construction, and permitted the filth accumulating in the sinks of this camp and otherwise therein from the convicts, to flow from the camp and be deposited a few yards from the house ; by reason of which the…
2Cases cited14 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Water Co. v. WareSupreme Court of the United States · 1873
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Boswell v. LairdCalifornia Supreme Court · 1857
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
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3Cited by77 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Amear v. HallCourt of Appeals of Georgia · 1982
- Peachtree-Cain Co. v. McBeeSupreme Court of Georgia · 1985
- Yearwood v. PeabodyCourt of Appeals of Georgia · 1932
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