City of Athens v. Evans

SMEDI/EY, Judge.

Defendant in error, Evans, sued plaintiff in error, the city of Athens, for damages on account of permanent injuries alleged to have been done to two lots belonging to plaintiff in error by the city’s action in so paving Carroll street adjoining the lots as to cause water flowing down the street, even after an ordinary rainfall, to enter an alley and from the alley to overflow and stand upon the lots. Plaintiff in error pleaded the statute of two years’ limitations (Rev. St. 1925, art. 5526). Defendant in error, by way of replication, pleaded that the city was estopped to…