Legal Opinion

Massengale v. City of Atlanta

Supreme Court of Georgia

Decided July 20, 1901PublishedCited by 20 opinions

Action for damages. Before Judge Calhoun. City court of Atlanta. September 21, 1900.

1Opinion of the CourtFish, J.

Permitting a public city sewer to be or remain in such a defective condition as to become a nuisance with resulting injury to realty, gives a cause' of action against the municipality in favor of the owner of such realty, and on the trial thereof he may recover for all damages to his property which have; occurred within four years of the filing of his petition. This is so without regard to the time when the sewer was constructed or when it became in fact such a nuisance. Reid v. Atlanta, 73 Ga. 525, and cit.; Smith v. Atlanta, 75 Ga. 110, Maguire v. Cartersville, 76 Ga. 81; Mayor of Brunswick…

2Cases cited4 opinions

  1. Smith v. City of AtlantaSupreme Court of Georgia · 1886
  2. Reid v. City of AtlantaSupreme Court of Georgia · 1885
  3. Mayor & Council of Brunswick v. TuckerSupreme Court of Georgia · 1897
  4. Royce & Co. v. GazanSupreme Court of Georgia · 1885

3Cited by20 opinions

  1. Langley v. City CouncilSupreme Court of Georgia · 1903
  2. Delta Air Corporation v. KerseySupreme Court of Georgia · 1942
  3. City Council of Augusta v. MarksSupreme Court of Georgia · 1905
  4. Bass Canning Co. v. MacDougald Construction Co.Supreme Court of Georgia · 1932
  5. Vickers v. City of FitzgeraldSupreme Court of Georgia · 1960

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