Roughton v. City of Atlanta
Supreme Court of Georgia
Action for damages. Before Judge Calhoun. City court of Atlanta. September 24, 1900. Roughton alleged that the city had damaged him by reason of the-following facts: On a given day the defendant changed the grader and “filled in” on a designated public street in its charge and control, in the city, on which was the plaintiff's lot, where he resided, and it made a fill on the front end of his lot and fence about four feet, and damaged the lot and the fence in a sum stated;…
Read the full summary
Action for damages. Before Judge Calhoun. City court of Atlanta. September 24, 1900. Roughton alleged that the city had damaged him by reason of the-following facts: On a given day the defendant changed the grader and “filled in” on a designated public street in its charge and control, in the city, on which was the plaintiff's lot, where he resided, and it made a fill on the front end of his lot and fence about four feet, and damaged the lot and the fence in a sum stated; and, having made the fill, the defendant undertook to jack up his house to come above the fill, and did so, about four or…
1Opinion of the CourtLumpkin, P. J.
The sole question which this case presents for ■determination is whether or not the petition filed by the plaintiff was capable of withstanding a general demurrer. We hold, without hesitation, that it was., 1. If, as alleged, the city undertook to change the grade of one ■of its streets by making “ a fill on the front end of plaintiff’s lot,” and as a consequence his fence was damaged and his premises rendered less valuable, his right to compensation for the injury thus sustained is beyond question. City of Atlanta v. Green, 67 Ga. 386. In such a case the measure of damages is the difference…
2Cases cited4 opinions
- City of Atlanta v. GreenSupreme Court of Georgia · 1881
- Barfield v. Macon CountySupreme Court of Georgia · 1899
- Hurt v. City of AtlantaSupreme Court of Georgia · 1897
- City Council of Augusta v. SchrameckSupreme Court of Georgia · 1895
3Cited by20 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Felton v. State Highway BoardCourt of Appeals of Georgia · 1933
- Howard v. County of BibbSupreme Court of Georgia · 1907
- Nalley v. Carroll CountySupreme Court of Georgia · 1911
- Terrell County v. YorkSupreme Court of Georgia · 1906
15 more not listed; retrieve them via the Exa API.