Legal Opinion

Brown v. City of Atlanta

Supreme Court of Georgia

Decided September 15, 1880PublishedCited by 82 opinions

Practice in the Supreme Court. Damages. Negligence. Municipal corporations. Charge of Court. Onus probandi. Before Judge Hillyer. Fulton Superior Court. March Term, 1880. Brown brought case against the city of Atlanta for damages alleged to have been done to his land, lying on the course of the same stream as the city water-works, and below the reservoir, by overflowing the same.

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Practice in the Supreme Court. Damages. Negligence. Municipal corporations. Charge of Court. Onus probandi. Before Judge Hillyer. Fulton Superior Court. March Term, 1880. Brown brought case against the city of Atlanta for damages alleged to have been done to his land, lying on the course of the same stream as the city water-works, and below the reservoir, by overflowing the same. The principal cause of damage alleged was the letting off of water from the reservoir through a waste pipe. On the trial the jury found for the plaintiff $112.00. Being dissatisfied with this verdict, he moved for a…

1Opinion of the Court

Jacicson, Chief Justice. .

This was an action on the case brought by the plaintiff against the city of Atlanta for damage done to his land *76below the city water-works by the negligent conduct of its agents in turning off the water therefrom. The jury found for plaintiff one hundred and twelve dollars damages for the year 1877, suit being for damage in 1875 and 1876 also; and the plaintiff made a motion for a new trial on the ground of divers alleged errors in the charge of the court and of inadequacy in the amount of dam- , ages found for him. 0

1. When a plaintiff in error brings a case here he…

2Cited by82 opinions

  1. Chenault v. StateSupreme Court of Georgia · 1975
  2. Maloy v. DixonCourt of Appeals of Georgia · 1972
  3. Robinson v. StateSupreme Court of Georgia · 1972
  4. Dill v. StateSupreme Court of Georgia · 1966
  5. Mayor of Macon v. DykesSupreme Court of Georgia · 1898

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