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PAYNE v. WHITING

52851.

140 Ga. App. 390 (1976)

231 S.E.2d 796

PAYNE et al. v. WHITING.

Court of Appeals of Georgia.

Decided October 22, 1976.

Rehearing Denied November 10, 1976.

Attorney(s) appearing for the Case

Glyndon C. Pruitt, for appellants.

G. Gibson Dean, II, Pat Garner, for appellee.

DEEN, Presiding Judge.

1. Whiting sued the defendant builders alleging that they were the upper and he the lower riparian owners of a nonnavigable stream common to both properties; that the defendants in constructing a subdivision negligently graded and cleared their land so as to allow surface waters to concentrate and flow onto his property in an unnatural manner, depositing large amounts of sediment in his pond. Upon...

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