The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-04-24
AGAINST THE CANAL COMPANY.
Under Its Charter IL Is Required to
Keep the Property in Good COndi-

Under its Charter IL Is Required to
Keep the Property in Good COndi-
ton.
H. a. Shuman V'on his case in the city
court against the Savannah and Ogee-
/ chez Canal Company yesterday 70 the
/ tune OF a ST., 425 verdict.
The suit was an interesting one in many
respects. Mr.. Shuman had a saw-mill
at the mouth OF the canal near the Ogee-
chez river. He formerly used the canal
for the purpose OF Transporting his prod
uct. Some time in ISIS he killed about
100 cypress trees by glrdling them. in
tending 10 transport them down TO the
city, using the canal as a common car
rier. Before this was done, however, the
banks Of the canal at Gould's pond, at
the summit level Of the canal were bro
ken and the water ran out making it i'm
possible 10 use u Tor the purpose OF trans
pOrtation. Mr.. Shuman claimed on this
account that he was damaged TO the ex-
tent of $4,000
The canal company was chartered in
December, le25 with a capital stock Of
100000. The sixteenth section Of the char
ter requires the company to keep the
canal and locks in good repair at all
times, remarkable casualties and acct
dents excepted, for the purpose Of trans
porting merchandise and produce by boats,
RATS and other craft.
When the break occurred and tied up
Mr.. Shuman's business, as he alleged, he
tried in every way TO get the canal com
pany 10 repair the damage without sue
cess. He went so far as 70 offer the com
pany $1,000 for the canal which was re-
fused. This fact came out in the evil
dence- Finally. In the June term, 1892, OF
the superior court, proceedings We're in
stituted to obtain a mandamus to compel
the company TO repair the canal for navi-
cation, 1t being held that 1t was public
duty.
Judge Falligant granted the mandamus
and the case went to the supreme court,
tho company making the claim that it had
no funds with which to put the canal In
good repair, as was desired by Mr.. Shu-
man. The supreme court held in its de-
cision that. under the charter, il was the
duty of the canal company 10 keep the
canal in a navigable condition, that this
duty was an imperative one, and that
writ of mandamus could issue on the APP
phcation OF private citizen engaged in
the lumber business, such as Mr.. Shu-
man was. With regard to the plea of the
company, however, to the effect that IL
did not have the funds with which TO
make the repairs. and that IL would not
be profitable to operate IL If IL were re-
paired, the supreme court held that, while
a lack OF funds would be no reason to
prevent a writ Of mandamus being issued,
yet, when the question might arise to
whether the company was guilty of con-
tempt of court and should be punished
therefor, In falling to obey the writ, the
court might consider the want of means
as a sufficient ground to purge 1t of con-
tempt.
on this account the case was not pushed
any further at that time, and Mr.. Shu-
man brought this complaint into the city
court in the form of a suit for damages,
on the ground of the companys having
failed to comply with the requirements
of its charter. The main question arising
was as to whether the proofs submitted
by the plaintiff were definite and suffi-
cient to justify a verdict and as to whether
or not the allegations or damages were
not too remote for a recover The Jury
was charged that it could not give dam
ages that were cOnjectural, but that the
damages had to be such as were of exact
computation and only such as were shown
to be directly consequent on the failure
OF the canal company to comply with its
charter requirements.
The only evidence offered by the COM
pany was the record in the mandamus
suit, but on motion that was ruled out
and no other evidence was offered by
the company 1t was stated in the evil
dence that the entire amount of the capi-
tai stock OF the company is now owned hy
the Savannah and Western Railway Com
pany. The only portion of the canal which
at present has any value Is that near
the Savannah river. which Is used TO
lighter cotton and other merchandise from
the wharVes and presses out to the steam
ers in the river. A motion for new trial
will be made, and in the event that it
is overruled the case will no doubt 90
to the supreme court.