80 Ga. 291 | Ga. | 1887
Rucker, in 1873, brought his action on the case against the Athens Manufacturing Company, in which he alleged
The jury rendered a verdict in favor of Rucker; whereupon the defendant moved for a new trial, which was denied, and the case was brought here upon the exceptions assigned in the motion for a new trial.
We understand the declaration differently from the plaintiff in error. Whilst it is true that pleadings are to be construed most strongly against the pleader, and that if two constructions can be put upon the pleadings, that which is more unfavorable to the pleader must obtain, yet there is another rule, that all pleadings must receive a construction in accordance with the natural intendment of the words and language of the pleadings. The declaration alleges that this dam caused the water in Sandy creek to rise to such an extent that it rendered the land of the plaintiff unfit for cultivation. We think this request is too broad, in view of the allegations in the declaration, and that the court would have committed manifest error if he had given it to the jury.
While it may have been .true that the dam had remained unchanged for twenty years, yet if, during that twenty years, it had caused the filling up of the stream and the plaintiff's land with sand, increasing the height of the water and injuring and damaging the plaintiff, we cannot see why he should not recover. This was an invasion upon his land; and he had the right to recover for any injury that occurred to him within four years preceding the bringing of his action, according to our statute. This request to charge was inapplicable, because the declaration
We do not think that this is a case of negligence. If this company raised their dam, thereby causing water in the creek to run over the plaintiff’s land, and thereby injuring and damaging him, that was an invasion of his rights, and was a positive act on the part of the defendant, and not a case of negligence; nor was it negligence on the part of the plaintiff not to do anything to avoid the consequences of their act. Every man has the right to enjoy his property to the fullest extent, and whenever that right is invaded by another and injury accrues to him, he is entitled to his damages therefor. The evidence fails to show that the plaintiff did anything that led to or increased this damage. He did nothing, and he had a right to do nothing ; and if they invaded his rights, they were liable to him
Judgment affirmed.