Mayor of Rome v. Omberg
Supreme Court of Georgia
Case in Floyd superior court. Tried before Judge Hammond, February Term, 1859. This was an action on the case brought by defendant in error against plaintiff' in error, for digging and cutting down the street adjoining his lot, whereby his fence, erected upon the line of said street, had been undermined and thrown down. Damages laid at five hundred dollars. The defendant pleaded the general issue and statute of limitations.
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Case in Floyd superior court. Tried before Judge Hammond, February Term, 1859. This was an action on the case brought by defendant in error against plaintiff' in error, for digging and cutting down the street adjoining his lot, whereby his fence, erected upon the line of said street, had been undermined and thrown down. Damages laid at five hundred dollars. The defendant pleaded the general issue and statute of limitations. The plaintiff proved the cutting and excavation of the street by the City Council; and that it would cost about one hundred and twenty-five dollars to build a stone wall…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
The question involved in this case is one of great practical importance, and I confess my convictions are not so strong as 1 could wish them to be.
It is not denied that the Mayor and Council had authority to grade the streets of the city of Rome. There is no excess of authority charged. In the exercise of this acknowledged right, is the city which they represent to be assessed with damages for digging so near defendant’s lot that the earth which supported, afterwards crumbled away and his fence fell ?
*48It cannot, we think, with any propriety be…
2Cases cited1 opinion
- Ex parte Manhattan Co.New York Supreme Court · 1840
3Cited by17 opinions
- Reardon v. City of San FranciscoCalifornia Supreme Court · 1885
- City of Atlanta v. GreenSupreme Court of Georgia · 1881
- City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Hurt v. City of AtlantaSupreme Court of Georgia · 1897
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