Sheehan v. Richmond County

Quillian, Judge.

Traps constructed along the course of a highway are concrete outlets that serve to expel water that accumulates in places along the highway. Where, as in this case, the Highway Department so constructed one of these traps that a large increase in the volume of surface water was caused to flow upon, and damage the plaintiff’s property, this constituted a damaging and taking of private property for public purposes within the purview of the Constitution. The continuous channeling of the surface water across the property to its damage, amounts to the taking of an easement over the…