City of Atlanta v. Kenny

The plaintiffs in error have argued this case before this court upon the theory that the plaintiffs’ petition is a suit for damages resulting from the removal of lateral support by the defendants. Counsel for the city argue that the plaintiffs in their petition have not laid their case under the constitutional provision prohibiting the damaging or taking of private property without compensation first being paid (Constitution of 1945, Article 1, Section III, paragraph 1, Code § 2-301, Code, Ann., 1948 revision); and, counsel go on to say that “indeed they could not, for the provision [above…