City Council of Augusta v. Marks
Supreme Court of Georgia
Action for damages. Before Judge Eve. City court of Richmond county. February 15, 1905. David W. Marks, Jr., brought an action for damages against the City Council of Augusta.
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Action for damages. Before Judge Eve. City court of Richmond county. February 15, 1905. David W. Marks, Jr., brought an action for damages against the City Council of Augusta. He alleged, that he was the owner of a lot bounded on one side by the Augusta canal, which was owned and operated by the defendant; that the defendant had caused to be built through his lot a large drain sewer, emptying immediately south of his lot and within a few feet of the windows of his dwelling ; that it was constructed for a drain to carr3r off waste water, but the city uses it not only for that purpose but' also…
1Opinion of the CourtLumtKIN, J.
(After stating the facts.) If by reason of a trespass upon realty it has been so injured as to render it permanently useless and valueless to the owner,, he should recover the damages thus occasioned in a single action. Thus where a petition alleged that by the erection and maintenance of a dam certain land of the plaintiff and the timber thereon had been rendered worthless and of no value, and a recovery was had, the plaintiff could not maintain against the defendant another action again alleging the same facts as to the injuries sustained and their cause. Clark v. Lanier, 104 Ga. 184; Allen…
2Cases cited11 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Smith v. City of AtlantaSupreme Court of Georgia · 1886
- Bond v. Central BankSupreme Court of Georgia · 1847
- Saunders v. City of FitzgeraldSupreme Court of Georgia · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Georgia Railway & Electric Co. v. TompkinsSupreme Court of Georgia · 1912
- Goble v. Louisville & Nashville RailroadSupreme Court of Georgia · 1938
- Community Gas Co. v. WilliamsCourt of Appeals of Georgia · 1952
- Lansdell v. LansdellSupreme Court of Georgia · 1916
- Suttles v. Northwestern Mutual Life InsuranceSupreme Court of Georgia · 1942
28 more not listed; retrieve them via the Exa API.