Legal Opinion

Bentley v. City of Atlanta

Supreme Court of Georgia

Decided October 30, 1893PublishedCited by 12 opinions

Action for damages. Before Judge Van Epps. City court of Atlanta. March term, 1898. The declaration alleges the following: The plaintiff' had leased a house and lot in the city of Atlanta, fronting fifty feet on Peters street and running back one hundred feet to the right of way of the E. T., V. & G. railroad, bounded on the northeast by McDaniel street and adjoining the McDaniel street bridge.

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Action for damages. Before Judge Van Epps. City court of Atlanta. March term, 1898. The declaration alleges the following: The plaintiff' had leased a house and lot in the city of Atlanta, fronting fifty feet on Peters street and running back one hundred feet to the right of way of the E. T., V. & G. railroad, bounded on the northeast by McDaniel street and adjoining the McDaniel street bridge. His term of lease will not expire [until] the first of September, 1893. He uses the premises as a dwelling, restaurant, ice cream factory and family grocery. At the time he rented the same there was a…

1Opinion of the Court

Simmons, Justice.

Bentley sued the City of Atlanta for damages resulting from the raising of a bridge in a street, near to and adjoining his premises. On demurrer the court ruled that the declaration set forth no cause of action, and on objection by the defendant, disallowed two amendments offered by the plaintiff The declaration and the amendments are set out in the report prefixed to this opinion.

1. It was contended on behalf of the defendant that the plaintiff had no right of action, because he was a mere tenant of the premises alleged to have been damaged. There is no merit in this…

2Cases cited1 opinion

  1. Crowell v. New Orleans & Northeastern R. R.Mississippi Supreme Court · 1884

3Cited by12 opinions

  1. Pause v. City of AtlantaSupreme Court of Georgia · 1896
  2. Waters v. DeKalb CountySupreme Court of Georgia · 1952
  3. Samples v. City of AtlantaSupreme Court of Georgia · 1894
  4. Ammons v. Central of Georgia Railway Co.Supreme Court of Georgia · 1960
  5. GATTO v. CITY OF STATESBOROSupreme Court of Georgia · 2021

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