130 Ga. 539 | Ga. | 1908
Plaintiffs brought an action for damages ^gainst defendant. The petition alleged: Plaintiffs had agreed that defendant might cut a drainage ditch through certain land which they owned, upon condition that she would maintain a bridge across the same for their use in reaching land belonging to them, which, after the cutting of the ditch, would be otherwise inaccessible to them. Defendant cut the ditch of a width and depth which was satisfactory to plaintiffs, and built a bridge across the same. A freshet washed the bridge away and nearly filled up the ditch, and afterwards defendant, over the protest of plaintiffs, proceeded to reopen the ditch and to cut it much wider and deeper than it was before, and neglected and refused to replace the bridge over the same, whereby plaintiffs were damaged in a stated sum. Defendant also, without the consent of plaintiffs, cut another ditch, for a designated distance, across their land, which ditch emptied into the one first mentioned, and the cutting of this spur ditch injured and damaged plaintiffs in a designated amount. On the trial there was a verdict in favor of plaintiffs for $50. Defendant made a motion for a new trial, which was overruled, and. she excepted.