City of Atlanta v. Hunnicutt & Payne
Supreme Court of Georgia
Complaint for damages, etc. Before Judge 'Westmoreland. City court of Atlanta. May term, 1894. Iiunnieutt & Payne sued the city for the value of land taken and damages to land by constructing a sewer through it, and obtained a verdict for $500, “as compensation for land appropriated, and no damages allowed.” The motion for new trial made by defendant was overruled.
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Complaint for damages, etc. Before Judge 'Westmoreland. City court of Atlanta. May term, 1894. Iiunnieutt & Payne sued the city for the value of land taken and damages to land by constructing a sewer through it, and obtained a verdict for $500, “as compensation for land appropriated, and no damages allowed.” The motion for new trial made by defendant was overruled. The motion was upon the ground that the court erred in refusing a nonsuit, which was moved for on the grounds: that it was not shown by the evidence, when the plaintiffs closed their case, that the sewer complained of was…
1Opinion of the CourtAtkinson, Justice
The official report filed in this case sufficiently states the facts necessary to a proper understanding of the questions made.
1. We think the motion for a nonsuit was properly overruled. We think the testimony showed beyond serious controversy, both that the land alleged to have been taken as the route or right of way of the sewer in question was taken by the defendant, and that the same was appropriated under its direction. It was shown that this sewer was constructed by hands employed by the defendant’s agents, and working under their direction. It was shown that for this identical sewer…
2Cases cited1 opinion
- Smith v. City of AtlantaSupreme Court of Georgia · 1893
3Cited by3 opinions
- Almand v. Board of Drainage CommissionersSupreme Court of Georgia · 1918
- Cook v. FlandersSupreme Court of Georgia · 1927
- Sherwood v. Worth County Drainage District Number OneSupreme Court of Missouri · 1923