Smith v. City of Atlanta
Supreme Court of Georgia
Municipal Corporations. Streets and Sidewalks. Nuisance. Damages. Non-suit. Before Judge Clark. City Court of Atlanta. June Term, 1885. Two cases, brought in 1882 and 1883 respectively by Mrs. Smith, against the city of Atlanta for damages, were tried together.
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Municipal Corporations. Streets and Sidewalks. Nuisance. Damages. Non-suit. Before Judge Clark. City Court of Atlanta. June Term, 1885. Two cases, brought in 1882 and 1883 respectively by Mrs. Smith, against the city of Atlanta for damages, were tried together. The testimony for the plaintiff showed, in brief, as follows : The city had changed a cul vert from one point on Hunter street to another, and had extended it diagonally across the street and changed its direction, and so maintained it; before that time, there was sufficient fall in the drain to carry off the sewage, but since then the…
1Opinion of the Court
Blandeord, Justice.
This was an action for damages, brought against the city of Atlanta, for digging a culvert across Hunter street, whereby the surface water from the lands of adjacent proprietors was gathered, charged with the filth of sinks and thrown upon the land of plaintiff, thereby producing noxious scents, sickness and great hurt and inconvenience to plaintiff. In a case growing out of this same transaction, Reid vs. City of Atlanta (73 Ga., 523), this court reversed the court below sustaining a demurrer to this declaration, and holding that this was a continuing nuisance. The…
2Cases cited1 opinion
- Reid v. City of AtlantaSupreme Court of Georgia · 1885
3Cited by32 opinions
- Delta Air Corporation v. KerseySupreme Court of Georgia · 1942
- Thrasher v. City of AtlantaSupreme Court of Georgia · 1934
- City Council v. LombardSupreme Court of Georgia · 1897
- Mayor of Savannah v. JordanSupreme Court of Georgia · 1914
- Mayor of Savannah v. JonesSupreme Court of Georgia · 1919
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