113 Ga. 1111 | Ga. | 1901
1. Assuming that the city was liable to respond in damages to the plaintiff because of negligence in permitting a drain or culvert, placed across ,the street for the purpose of allowing the surface-water to flow from his.lot, to become obstructed, the damages which may be recovered are only those
(а) In such a case the city can not properly be held liable for injuries' to the houses and the removal of parts thereof by persons trespassing on the property.
(б) Even if the city be negligent in permitting the mouth of a drain or culvert to be so obstructed as not to carry away the water from the lot, the owner is nevertheless charged with the duty of caring for and protecting property as far as he may be able, and the consequences of his failure to do'so will not be chargeable to the city.
3. In a case ’of the character indicated, the reasonable rental value of the houses on the lot becomes a pertinent and legal subject of inquiry ; but evidence by the owner or his agent that he “should " have received a named sum for a given time as rent if the houses had been occupied is not competent proof of such value.
4. Where in such a case damage to houses on the lot is shown as an element of recovery, and it appears that this damage was occasioned, not only by the action of water confined on the lot, but also by natural decay not incident thereto, and by trespassers as well, and the amount of damage sustained by the action of the water alone is not clearly indicated by the evidence, such proof of damage without more does not afford a legal basis for recovery.
Judgment reversed.