Massengale v. City of Atlanta
Supreme Court of Georgia
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
- Smith v. City of AtlantaSupreme Court of Georgia · 1886
- Reid v. City of AtlantaSupreme Court of Georgia · 1885
- Mayor & Council of Brunswick v. TuckerSupreme Court of Georgia · 1897
- Royce & Co. v. GazanSupreme Court of Georgia · 1885
3Cited by20 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Delta Air Corporation v. KerseySupreme Court of Georgia · 1942
- City Council of Augusta v. MarksSupreme Court of Georgia · 1905
- Bass Canning Co. v. MacDougald Construction Co.Supreme Court of Georgia · 1932
- Vickers v. City of FitzgeraldSupreme Court of Georgia · 1960
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