President & Councilmen of Dawson v. Kuttner
Supreme Court of Georgia
Eminent domain. New trial. Before Judge Harreee. Terrell Superior Court. June Term, 1872. Edward Kuttner brought case against the President and Councilmen of the town of Dawson, and alleged that defendant had injured him in the sum of $1,190 00,-in this: that on the night of February 22d, 1871, a fire broke out in the town of Dawson, at from seventy-five to one hundred yards from the store occupied by the plaintiff; that defendant, before it became necessary to arrest the…
Read the full summary
Eminent domain. New trial. Before Judge Harreee. Terrell Superior Court. June Term, 1872. Edward Kuttner brought case against the President and Councilmen of the town of Dawson, and alleged that defendant had injured him in the sum of $1,190 00,-in this: that on the night of February 22d, 1871, a fire broke out in the town of Dawson, at from seventy-five to one hundred yards from the store occupied by the plaintiff; that defendant, before it became necessary to arrest the progress of the flames, by its agents, tore down the plaintiff’s house, thereby preventing him from removing his stock of…
1Opinion of the Court
McCay, Judge.
The Revised Code, section 2200, says: “Analogous to the right of eminent domain, is the power, from necessity, vested in corporate authorities of cities and towns and counties to interfere with, and some times to destroy, the private property of the citizens for the public good, such as the destruction of houses to prevent the spread of a conflagration, or the taking possession of buildings to prevent the spread of contagious diseases. In all such cases, any damages accruing to the owner from such acts, and which would not otherwise have been sustained, must be paid by such…
2Cited by3 opinions
- McCoy v. SandersCourt of Appeals of Georgia · 1966
- Mayor v. MulliganSupreme Court of Georgia · 1895
- Vandevender v. City of AtlantaSupreme Court of Georgia · 1920