140 Ga. 713 | Ga. | 1913
Williams brought suit against the Southern Bailway Company, to recover for injury to certain described farm lands belonging to the plaintiff, and alleged to have been caused by the embankments of the railway company ponding the water on the land and causing the soil and sediment to accumulate in the ponds, and the resulting expanse of water to seep into the adjoining land of the plaintiff, so as to damage and render it unfit for cultivation. The evidence tended to show that the embankment and culvert had been constructed by the predecessor in title of the defendant, about twenty-five years previous to the filing of the suit, and that the defendant had maintained the embankment and culvert in practically the same condition they were in when con
Our Civil Code, § 4458, declares that “The alienee of a person owning the properly injured may sue for- a continuance of the nuisance; so the alienee of the property causing the nuisance is responsible for a continuance of the same. In the latter there must be a request to abate before action is brought.” A nuisance is anything that worketh hurt, inconvenience, or damage to another. Civil Code, § 4457. One who creates a nuisance to the hurt, inconvenience, or damage of another is liable in damages therefor; or his alienee on notice to abate the nuisance, and upon his failure to do so, is liable to one who suffers damages caused by the maintenance of the nuisance. The building of a railroad embankment which has the effect of causing water to pond on one’s
Having held that the action in this case is one to recover damages for maintaining a continuing nuisance, and not for creating a nuisance, and no question of easement being involved, the charge of the court was inapplicable under the pleadings and-evidence, and it was error to instruct the jury as set out in the foregoing excerpt from the charge. On another hearing the charge of the court can be adapted to the rulings here made.
Judgment reversed.