79 Ga. 125 | Ga. | 1887
An action was brought by Smith against these two counties, alleging that they had constructed a bridge across Little river, a stream dividing the counties; that he had a mill upon the stream, and that the mill was damaged by obstructing the river, the damage resulting from placing in the river certain piers for the bridge, and from throwing in a great quantity of stones, thereby causing a raft to form, etc. The counties answered by a number of pleas, among them the plea of the general issue. A trial was had, much evidence was adduced, and the jury found for the defendants. A motion for a new trial was made on many grounds, and was overruled. The judgment overruling that motion is the one we are now reviewing.
It appears from the evidence that the county authorities
We do not find it necessary to deal with specific questions made in the motion for a new trial, or even to examine the regularity of the verdict as it was received; because the case is ruled by a principle which must necessarily have defeated a recovery; and whatever errors might have been committed in the progress of the trial were harmless,
Besides, there is no statutory provision for any such action as this. The counties, to be liable in an action at law for damage done by those who construct or repair the public roads and bridges, would have to-be subjected to such action by statute. It is very improbable that a county can be sued in the superior court for the acts of the road-workers and overseers of roads if they turn water on adjacent lands by digging ditches or placing obstructions where they ought not. We cannot suppose that there was any intention on the part of the framers of the constitution, to turn the citizens loose against the counties, without any statutory regulation, for all such causes of action as would be recognized by holding that anybody who, in behalf of the public, damages another’s property, thereby subjects the county to answer for it. It would seem altogether more reasonable to hold that, if one person damage another for the use of the public, the person who inflicted the damage should'be responsible, and not the public, though benefited.
Judgment affirmed.