Fuller v. City of Atlanta
Supreme Court of Georgia
Municipal corporations. Damages. Charge of Court. Roads and bridges. Practice in the Supreme Court. New Trial. Before W. R; Hammond, Esq, Judge pro hac vice. Fulton Superior Court.
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Municipal corporations. Damages. Charge of Court. Roads and bridges. Practice in the Supreme Court. New Trial. Before W. R; Hammond, Esq, Judge pro hac vice. Fulton Superior Court. March Term, 1880. To the report contained in the decision it is only necessary to add the first and seventh grounds of the motion for new trial, which were as follows: (1.) Because the court erred in charging the jpry in this : “ He (meaning the plaintiff) says he was owner of a certain piece of real estate in the city of Atlanta, on Marietta-and Walton streets, and that the city of Atlanta, by its agents and…
1Opinion of the Court
Crawford, Justice.
Wm. A. Fuller brought suit against the city of Atlanta for damages alleged to have been sustained by reason of the raising of the grade of its streets twenty inches higher than that recognised in all the anterior surveys up to the time of the building of his house by the plaintiff. The testimony shows, however, that there was no provision by law to regulate, fix and establish a permanent grade so as to limit the city to that particular grade, until after the location and building by the plaintiff of the house alleged to have been damaged.
By amendment the plaintiff alleged…
2Cases cited1 opinion
- Rucker v. Athens Manufacturing Co.Supreme Court of Georgia · 1875
3Cited by11 opinions
- City Council of Augusta v. OwensSupreme Court of Georgia · 1900
- City of Atlanta v. DueCourt of Appeals of Georgia · 1931
- City Council v. LittleSupreme Court of Georgia · 1902
- McCrary Engineering Corp. v. City of BowdonCourt of Appeals of Georgia · 1984
- Stansell & Rape Bros. v. City of McDonoughCourt of Appeals of Georgia · 1934
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