E. T. Barwick Mills, Inc. v. Stevens

Pannell, Judge.

1. Where a municipality assumes the control and management of a sewer or drain which has been constructed in a public street, it is bound to use reasonable diligence and care in its operation, maintenance and repair, and in keeping it clear and free of obstruction so as to prevent injury or damage to others, Langley v. City Council of Augusta, 118 Ga. 590 (45 SE 486, 98 ASR 133); and, where the municipality is in control of the sewer the municipality alone has the power to abate the nuisance, Smith v. City of Atlanta, 75 Ga. 110 (2); and, although the drainage or sewerage may…