Terrell County v. York
Supreme Court of Georgia
Action for damages. Before Judge Beagan. Terrell superior court. November 28, 1905. Mrs. Emma York filed her petition to the superior court of Terrell county, alleging, in substance, that Hatcher and other named persons were residents of Terrell county, and that the county had adopted the alternative road law, as provided in the Political Code, §§ 573-583; that Hatcher was the superintendent employed by .the commissioners of roads and revenues of the county, under the…
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Action for damages. Before Judge Beagan. Terrell superior court. November 28, 1905. Mrs. Emma York filed her petition to the superior court of Terrell county, alleging, in substance, that Hatcher and other named persons were residents of Terrell county, and that the county had adopted the alternative road law, as provided in the Political Code, §§ 573-583; that Hatcher was the superintendent employed by .the commissioners of roads and revenues of the county, under the alternative road-law system; that the other persons named in the petition were the commissioners of roads and revenues of the…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) The general rule is that a county is not liable to suit unless there is a-law which, in express terms or by necessary implication, so declares. Millwood v. DeKalb County, 106 Ga. 743, and cit. The constitution provides that private property shall not be taken or damaged for public use without just compensation being first paid. The county authorities have power, under certain circumstances, to take and damage property of the private citizens for the benefit of the public; and whenever damage results to the owner of private property from the action of such county…
2Cases cited7 opinions
- Millwood v. DeKalb CountySupreme Court of Georgia · 1899
- Barfield v. Macon CountySupreme Court of Georgia · 1899
- Fulton County v. AmorousSupreme Court of Georgia · 1892
- Roughton v. City of AtlantaSupreme Court of Georgia · 1901
- County of Bibb v. ReeseSupreme Court of Georgia · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lathrop v. DealSupreme Court of Georgia · 2017
- Barham v. GrantSupreme Court of Georgia · 1938
- Elbert County v. BrownCourt of Appeals of Georgia · 1915
- Fulton County v. BarananSupreme Court of Georgia · 1978
- Georgia Power Company v. PittmanCourt of Appeals of Georgia · 1955
15 more not listed; retrieve them via the Exa API.