Mayor of Americus v. Phillips
Court of Appeals of Georgia
Action for damages; from city court of Americus — W. P. Wallis, judge pro hac vice. September 24, 1912. Phillips sued the mayor and council of the City of Americus for $1,500 damages.
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Action for damages; from city court of Americus — W. P. Wallis, judge pro hac vice. September 24, 1912. Phillips sued the mayor and council of the City of Americus for $1,500 damages. In his petition he alleged, that in 1909 the •defendant changed the grade of the street in front of his lot, thereby raising the surface of the street several feet above the lot, which before the change of grade was higher than the street; that at that time there were on the lot a dwelling-house and a storehouse, which storehouse had been erected with reference to the elevation •of the street and sidewalk, in…
1Opinion of the CourtRussell, J.
1. A municipal corporation is liable to a property owner for the damage consequent upon altering the grade of the street or sidewalk in front of his premises, whereby bis means of ingress and egress are impaired or destroyed or a diminution of the market value of his property results. Central of Georgia Ry. Co. v. Garrison, 12 Ga. App. 369 (77 S. E. 193), and cit.; City of Atlanta v. Green, 67 Ga. 386; City Council of Augusta v. Schrameck, 96 Ga. 426 (23 S. E. 400, 51 Am. St. R. 146); Roughton v. Atlanta, 113 Ga. 948 (39 S. E. 316); City of Columbus v. McDaniel, 117 Ga. 823 (45 S. E. 59);…
2Cases cited7 opinions
- City of Atlanta v. GreenSupreme Court of Georgia · 1881
- City Council of Augusta v. SchrameckSupreme Court of Georgia · 1895
- Roughton v. City of AtlantaSupreme Court of Georgia · 1901
- City of Rome v. RhodesSupreme Court of Georgia · 1910
- City of Columbus v. McDanielSupreme Court of Georgia · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Atlanta v. DinkinsCourt of Appeals of Georgia · 1932
- Franklin v. City of AtlantaCourt of Appeals of Georgia · 1929
- City of East Point v. AllisonCourt of Appeals of Georgia · 1958