Harris v. City of Rome

The present case is distinguished by its facts from Mayor &c. of Dalton v. Wilson, 118 Ga. 100 (44 S. E. 830, 98 Am. St. R. 101). In that case a ditch on private propertjr contained the obstruction that caused the injury; and the owner of the hotel, from which the sewer extended into the ditch, controlled the hotel, sewer, ditch, obstruction, and pond, and was consequently responsible for the nuisance. Neither the nuisance nor its cause was under the control of the city, nor on city property. In the ease at bar the petition, with the amendments, alleged, that the nuisance was created by the…