Georgia Reports Volume 51

Georgia Reports Volume 51

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...as a reserve for the canal, it was not the duty of defendant to build the bank there in 1868," but modified the charge by adding thereto the following: " unless such changes have been produced in the canal by the neglect of the defendant to keep it in the same condition it was when originally built." 4th. Because the court erred in refusing to charge in the following language: "If the jury find that Raspberry swamp was left open for more than twenty years, and should further find that the damages were occasioned by the increased quantity of water in the canal which escaped through the opening, the plaintiff cannot recover in this case which is for a failure to amend and repair its sides and banks; to entitle him to recover in such case, that act of trespass should be set forth in the declaration," but charged as follows: "If you find that at the time the canal was constructed (and that it was more than twenty years since, ) that Raspberry swamp (as a reserve or feeder) was made and has been kept in the same or as good con dition now as then, then the plaintiff is not entitled to recover any damage that flows from the reserve or swamp, unless the testimony discloses that by the neglect of the defendant the canal became foul and in aworse condition, and by reason thereof caused a backing up of the water, raising the water line so much higher, as to cause more water to fiow out of the swamp or reserve than did when the canal was kept in proper order, then for such failure or neglect the defendant would be responsible for such damages as plaintiff has sustained by reason thereof. As to the distinction made by counsel that because the declaration says failure to amend sides and banks, the court charges...show more

Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236986210
  • 9781236986214