Legal Opinion

Smith v. City of Atlanta

Court of Appeals of Georgia

Decided July 12, 1918No. 9240PublishedCited by 10 opinions

Action for damages; from Fulton superior court—Judge Bell. September 15, 1917'.

1Opinion of the CourtJenkins, J.

1. The measure of damage- to abutting property caused by changing the grade of a street is the difference between the market value of the property before and after the change of grade. City of Atlanta v. Atlas Realty Co., 17 Ga. App. 426 (87 S. E. 698), and cases cited.

2. In a suit against a municipality for damage to abutting property from changing the grade of the street in front of the property, testimony as to the value of other abutting lots similarly affected by reason of the change in the grade of the street would be relevant. Hurt v. Atlanta, 100 Ga. 274 (28 S. E. 65); Mayor &c. of…

2Cases cited7 opinions

  1. Gate City Terminal Co. v. ThrowerSupreme Court of Georgia · 1911
  2. Hurt v. City of AtlantaSupreme Court of Georgia · 1897
  3. Lenney v. FinleySupreme Court of Georgia · 1903
  4. Shrouder v. StateSupreme Court of Georgia · 1905
  5. City of Atlanta v. Atlas Realty Co.Court of Appeals of Georgia · 1916

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Hard v. Housing Authority of AtlantaSupreme Court of Georgia · 1963
  2. State Highway Department v. MurrayCourt of Appeals of Georgia · 1960
  3. Elliott v. Georgia Power Co.Court of Appeals of Georgia · 1938
  4. Clackum v. StateCourt of Appeals of Georgia · 1936
  5. Platt v. National General InsuranceCourt of Appeals of Georgia · 1992

5 more not listed; retrieve them via the Exa API.

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