City of Atlanta v. Scott

(After stating the foregoing facts.)

The city contends that a proper construction of the petition shows that the injury complained of is not the result of a nuisance maintained by the city, but that the plaintiff is seeking to recover on the ground that private property can not be taken for public purposes without just compensation having been paid. The plain tiff alleged that the city caused damage to her property when it paved an adjacent street and elevated the grade and raised the curbing thereof so that when a rain came a large amount of surface rain water was deviated upon the…