Legal Opinion

Nalley v. Carroll County

Supreme Court of Georgia

Decided February 23, 1911PublishedCited by 20 opinions

Action for damages. Before Judge Freeman, Carroll superior court. October 8, 1909.

1Opinion of the CourtHolden, J.

The plaintiff in error brought suit for damages against the County of Carroll and W. W. Nichols. The petition, filed March 14, 1908, as amended, made substantially the following allegations: A certain creek crossed by a public road of the county runs through the plaintiff’s land situated near the road. Nichols, “with the consent and direction and with the authority of” the ordinary of the county, built in 1903 “a partial dam” with rocks “in the road-bed across the said stream to a depth of about 4 or 5 feet and from 7 to 10 feet in width,” thereby causing the water in the creek to overflow 50…

2Cases cited8 opinions

  1. City Council v. LombardSupreme Court of Georgia · 1897
  2. Mashburn & Co. v. Dannenberg Co.Supreme Court of Georgia · 1903
  3. Rusk v. HillSupreme Court of Georgia · 1903
  4. Barfield v. Macon CountySupreme Court of Georgia · 1899
  5. Danielly v. CheevesSupreme Court of Georgia · 1894

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3Cited by20 opinions

  1. Miree v. United StatesSupreme Court of Georgia · 1978
  2. City of Chamblee v. MaxwellSupreme Court of Georgia · 1994
  3. Fulton County v. BarananSupreme Court of Georgia · 1978
  4. Decatur County v. Praytor, Howton & Wood Contracting Co.Supreme Court of Georgia · 1927
  5. Bailey v. Annistown Road Baptist Church, Inc.Court of Appeals of Georgia · 2009

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