78 Ga. 744 | Ga. | 1887
Prior to 1882, the Georgia Railroad and Banking Company constructed a culvert over a small stream, the effect of which, it was alleged, was to obstruct the free passage of water that formerly flowed through the channel of the stream. Berry rented for two years from a third person some bottom land that lay just above this culvert. He cultivated the land, or attempted it, both years (1882 and 1883). A few acres lying near the culvert proved to be of no productive value. His crops were drowned out by back-water from the culvert, as he contends. He brought his action against the railroad company for these damages, alleging that the land was of the yearly value of $15 per acre, over' and above the expense of cultivation, for which purpose it was used at the time; He alleged , that this culvert interfered with and stopped the free flow of the water, thereby causing the same to back up and stand on the land, saturating the soil with water, so that the land became of no practical use or benefit to the plaintiff.
The case was tried, and much evidence introduced, some of it going to show that a few acres of this bottom was seriously damaged by the obstruction; and much of it, on the contrary, going to show that there was no damage of any consequence from that source, but that a part at least of the trouble resulted from the failure of the plaintiff to keep a ditch in the bottom cleaned out. Some of the evidence tended to establish the fact that there was a marsh there all the time, and that the attempt was made by the plaintiff to cultivate this marsh, which had never-been previously cultivated. The effect of the whole upon the mind of the reader is, that there was conflict throughout. Some of the evidence seems to indicate that the difficulty was caused by the back-water from Fishing creek, a creek into which this stream flowed a few yards
Judgment affirmed.