Legal Opinion

City of Atlanta v. Word

Supreme Court of Georgia

Decided October 19, 1886PublishedCited by 19 opinions

Husband and Wife. Municipal Corporations. Streets and Sidewalks. Sewers. Negligence. Constitutional Law. Damages. Estoppel. Before Judge Van Epps. City Court of Atlanta. June Term, 1886. On May 12, 1885, Mrs. H. S. A. Word brought an action for damages against the city of Atlanta, alleging, in brief, as follows: She is the owner of a house and lot on Whitehall street in Atlanta. It was the duty of the city to provide sufficient sewerage to carry off rain-water.

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Husband and Wife. Municipal Corporations. Streets and Sidewalks. Sewers. Negligence. Constitutional Law. Damages. Estoppel. Before Judge Van Epps. City Court of Atlanta. June Term, 1886. On May 12, 1885, Mrs. H. S. A. Word brought an action for damages against the city of Atlanta, alleging, in brief, as follows: She is the owner of a house and lot on Whitehall street in Atlanta. It was the duty of the city to provide sufficient sewerage to carry off rain-water. Not regarding this, it elevated the grade of the street until it was necessary for the lot to be filled with earth, thereby leaving…

1Opinion of the Court

Jackson, Chief Justice.

This is an action to recover damage from the city of Atlanta for improper, negligently constructed and inadequate sewerage upon Whitehall street after its elevation by grading the same. This negligence, it is alleged, and was insisted upon before the jury, caused the water from heavy rains to overflow plaintiff’s lot and house and greatly to damage the latter in the walls by loosening the cement, in the papering by ruining it, in the flooring by rotting it, and in this way compelling her to expend money and to apprehend more expense from heavy rains from time to *280time.…

2Cases cited8 opinions

  1. City of Atlanta v. GreenSupreme Court of Georgia · 1881
  2. Moore v. City of AtlantaSupreme Court of Georgia · 1883
  3. Western & Atlantic Railroad v. City of AtlantaSupreme Court of Georgia · 1885
  4. Mayor of Rome v. OmbergSupreme Court of Georgia · 1859
  5. Roll v. City CouncilSupreme Court of Georgia · 1866

3 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. DeVaughn v. McLeroySupreme Court of Georgia · 1889
  2. Broome v. DavisSupreme Court of Georgia · 1891
  3. Towaliga Falls Power Co. v. SimsCourt of Appeals of Georgia · 1909
  4. Holmes v. City of AtlantaSupreme Court of Georgia · 1901
  5. Lewis v. City of MoultrieCourt of Appeals of Georgia · 1921

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