Legal Opinion

Mayor of Gainesville v. Henderson

Court of Appeals of Georgia

Decided January 22, 1913No. 4423PublishedCited by 3 opinions

Action for damages; from city court of Hall county—Judge Irwin presiding. February 22, 1912.

1Opinion of the Court

Hill, O. J.

1. The exceptions to the judgment overruling the demurrer to the petition were not referred to in the argument or brief of counsel for the plaintiff* in error, and are therefore treated as abandoned.

2. It is well settled that the right of ingress and egress to and from a house abutting on a street of a city is a property right which can not he damaged or taken away from the owner, without just and adequate compensation; and where a municipality, in the exercise of its power to grade or improve the streets, destroys or impairs this right of egress and ingress, an action for damages…

2Cases cited3 opinions

  1. Pause v. City of AtlantaSupreme Court of Georgia · 1896
  2. City of Atlanta v. GreenSupreme Court of Georgia · 1881
  3. Mayor of Macon v. WingSupreme Court of Georgia · 1901

3Cited by3 opinions

  1. Wallace v. StateCourt of Appeals of Georgia · 1948
  2. West Lumber Co. v. CastleberryCourt of Appeals of Georgia · 1947
  3. Shields v. StateCourt of Appeals of Georgia · 1947

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