Holmes v. City of Atlanta
Supreme Court of Georgia
Action for damages. Before Judge Calhoun. City court of Atlanta. November 20, 1900. The damages were alleged to have been sustained by reason of the flooding of the plaintiff’s land in Atlanta with surface-water from rains, etc., within four years next before the filing of the suit, in consequence of the manner in which the city had, more than four years before suit, graded the surrounding streets and constructed the drainage in that locality.
Read the full summary
Action for damages. Before Judge Calhoun. City court of Atlanta. November 20, 1900. The damages were alleged to have been sustained by reason of the flooding of the plaintiff’s land in Atlanta with surface-water from rains, etc., within four years next before the filing of the suit, in consequence of the manner in which the city had, more than four years before suit, graded the surrounding streets and constructed the drainage in that locality. The petition alleged that, within the four years, the water thus cast upon the land filled and destroyed various wells dug in it during that period;…
1Opinion of the CourtLumpkin, P. J.
As will be seen from the statement of- facts set forth in the official report of this case, the plaintiff predicated his right to recover upon the theory that the city was maintaining a nuisance, in that the surface-water discharged upon his premises was contaminated by filth, and as a consequence refuse matter was deposited upon his lot, which created noisome smells, caused the water in his wells to become unfit for use, and in other respects rendered his property undesirable for residence purposes and decreased its rental value. Treating these allegations as true, the ease falls squarely…
2Cases cited5 opinions
- City Council v. LombardSupreme Court of Georgia · 1897
- Smith v. City of AtlantaSupreme Court of Georgia · 1886
- City of Atlanta v. WarnockSupreme Court of Georgia · 1892
- City of Atlanta v. WordSupreme Court of Georgia · 1886
- Atkinson v. City of AtlantaSupreme Court of Georgia · 1888
3Cited by25 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Delta Air Corporation v. KerseySupreme Court of Georgia · 1942
- Thrasher v. City of AtlantaSupreme Court of Georgia · 1934
- Swift v. BroylesSupreme Court of Georgia · 1902
- Towaliga Falls Power Co. v. SimsCourt of Appeals of Georgia · 1909
20 more not listed; retrieve them via the Exa API.