109 Ga. 591 | Ga. | 1900
It appears from the record in this case, that the Downing Company, a corporation, owned a vacant lot near the water front in the city of Brunswick. Pedestrians and vehicles,
Although the contract between the Downing Company and Leonard provided that “the contractor, under the direction and to the satisfaction of A. V. Wood, superintendent, acting, for the purpose of this contract as agent of said owner, shall and will provide all the material and perform all the work mentioned in the specifications, and shown on the drawings-prepared by the said architect,” yet, in the light of the entire instrument embracing the contract, its true intent and meaning as a whole was that the superintendent was merely to “see that the contractor [carried] out his agreement,” and had the power. of supervision solely with relation to the result to be
In Atlanta & Florida Railroad Co. v. Kimberly, 87 Ga. 161, “ Kimberly sued the railroad company for damages, and alleged in his declaration that while the company was constructing its road, it made a deep cut and piled the trash and earth therefrom near his dwelling-house, and dammed up a small stream and ponded the water therefrom near the house; . . by reason of which the air in and around the house became infected with . . malaria and other substances injurious to health, whereby the plaintiff and his wife both became sick and endured great pain and suffering and were unable to attend to their daily duties, etc. The defense of the railroad company was, that it did not do the acts complained of in the declaration; that if they were done at all, they were done by the Chattahoochee