City Council of Augusta v. Dozier
Supreme Court of Georgia
Action for damages. Before Judge Hammond. Richmond superior court. December 13, 1905. Mrs. Emma E. Dozier brought suit against the City Council of Augusta, and alleged: that the defendant was the owner of the: franchises and properties of the Augusta Canal Company, and had assumed the obligations and liabilities thereof. [Acts 1845, p.. 138; Acts 1849-50, p. 85; Acts 1853-4, p. 252; Acts 1871-2, p.. 204.] In the operation of the canal the company had converted a 3'avine into…
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Action for damages. Before Judge Hammond. Richmond superior court. December 13, 1905. Mrs. Emma E. Dozier brought suit against the City Council of Augusta, and alleged: that the defendant was the owner of the: franchises and properties of the Augusta Canal Company, and had assumed the obligations and liabilities thereof. [Acts 1845, p.. 138; Acts 1849-50, p. 85; Acts 1853-4, p. 252; Acts 1871-2, p.. 204.] In the operation of the canal the company had converted a 3'avine into a reservoir known as Lake Olmstead, and a road had been laid out along the brink of said lake. At a certain portion of…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.)
The City of Augusta is the owner of the canal and the land upon which the body of water known as Lake Olmstead is situated. This land adjoins a public highway. The city therefore owes to travelers upon the highway the same duty that any owner of land adjoining a highway owes to travellers thereon. What is the duty of such an owner to travellers on an adjacent íiighway? An' owner of land abutting upon a highway is liable to travellers for injuries resulting from the maintenance of those things upon his property which are likely to render travel upon the…
2Cases cited1 opinion
- Hutson v. KingSupreme Court of Georgia · 1895
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- Greenfield v. WatsonCourt of Appeals of Georgia · 1936
- Georgia Power Co. v. MurrayCourt of Appeals of Georgia · 1937
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