City of Cordele v. Hobby

Nichols, Chief Justice.

The appellees brought suit for injunctive relief and damages for trespass because of the City of Cordele’s negligent maintenance of an open drainage ditch. The jury found the operation of the drainage ditch constituted a nuisance and awarded appellees $1,000 damages for the trespass. The trial court then entered an order enjoining the City of Cordele from operating and maintaining the drainage ditch in such a manner as to permit it to overflow onto plaintiffs’ property, from encroaching upon plaintiffs’ property and permitting raw sewage and dead animals to empty into…