City of Atlanta v. Gore
Court of Appeals of Georgia
1Opinion of the CourtJenkins, P. J.
“Every owner of property which" abuts upon a street has a property right in the street, as an easement for the purpose of access to his premises.” Franklin v. City of Atlanta, 40 Ga. App. 319, 321 (149 S. E. 326). Accordingly, the construction by municipal authorities in a city street of a public improvement, such as the widening and paving of the street for automobile traffic and the elimination thereby of sidewalks, which results in permanent injury to the property of an abutting lot owner, gives to the owner a right of action. “Nor is it material whether the prop*72erty damaged abuts directly…
2Cases cited13 opinions
- Pause v. City of AtlantaSupreme Court of Georgia · 1896
- Georgia Railway & Electric Co. v. Wallace & Co.Supreme Court of Georgia · 1905
- Roughton v. City of AtlantaSupreme Court of Georgia · 1901
- City of Atlanta v. Atlas Realty Co.Court of Appeals of Georgia · 1916
- Sheppard v. StateSupreme Court of Georgia · 1928
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- Searcy v. GodwinCourt of Appeals of Georgia · 1973
- State Highway Department v. HoodCourt of Appeals of Georgia · 1968
- Southern Railway Co. v. LeonardCourt of Appeals of Georgia · 1938
- Brown v. BrownCourt of Appeals of Georgia · 1953
11 more not listed; retrieve them via the Exa API.