City of Arlington v. Smith

Undercofler, Presiding Justice.

Mrs. Smith sued the City of Arlington for damages and injunction because the city tapped a neighbor’s sewer line into her sewer line, causing sewage to "back-up” into her house. The damage issue was dropped and a jury found in favor of Mrs. Smith, directing the city to remove the tap. The city appeals claiming the evidence was insufficient to support the verdict; that ante litem notice as required by Code Ann. § 69-308 was not filed prior to commencing suit; and the charge of the court was improper. We affirm.

1. The evidence shows that all city residents at the…