Legal Opinion
City of Rome v. Lecroy
Court of Appeals of Georgia
Decided March 11, 1939No. 27320PublishedCited by 3 opinions
1Opinion of the CourtStephens, P. J.
1. The construction and maintenance of an open ditch by a city, in a street in the city, which causes damage to the use of the adjacent property, is a ministerial and not a governmental function. City of Atlanta v. Trussell, 21 Ga. App. 340 (94 S. E. 649); Massengale v. Atlanta, 113 Ga. 966 (39 S. E. 578); Smith v. Atlanta, 75 Ga. 110; Mayor &c. of Savannah v. Spears, 66 Ga. 304.
2. A person, in the occupancy of premises in the operation of a commercial business, abutting on-a street in a city, has an interest in the land during his term of occupancy, and can recover for an injury for such use…
2Cases cited8 opinions
- Pause v. City of AtlantaSupreme Court of Georgia · 1896
- Smith v. City of AtlantaSupreme Court of Georgia · 1886
- Massengale v. City of AtlantaSupreme Court of Georgia · 1901
- Mayor of Savannah v. SpearsSupreme Court of Georgia · 1881
- City of Atlanta v. TrussellCourt of Appeals of Georgia · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Waters v. DeKalb CountySupreme Court of Georgia · 1952
- Buchanan v. HieberCourt of Appeals of Georgia · 1948
- Fleming v. Florida State Road DepartmentSupreme Court of Florida · 1946