Holbrook v. Town of Norcross
Supreme Court of Georgia
Action for damages. Before Judge Russell. Gwinnett superior-court: July 4, 19-04. Plaintiffs, who were the owners of a lot in the Town of Nor-cross, brought an action against the town for damages to their property. The petition contained two counts.
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Action for damages. Before Judge Russell. Gwinnett superior-court: July 4, 19-04. Plaintiffs, who were the owners of a lot in the Town of Nor-cross, brought an action against the town for damages to their property. The petition contained two counts. The first count was, in substance, as follows: During the year 1892, the town caused the water th'at theretofore accumulated on the main street of the town in a basin south and across the Southern Railway Company’s line through the town from plaintiff’s property, which had naturally theretofore run off in a southerly direction in drainage channels…
1Opinion of the CourtCobb, J.
1. There is language in the first count which would indicate that it was the intention of the pleader to bring the action as for a continuing nuisance, and there is also language which would indicate that it was his intention to bring it for a permanent injury to the property as a consequence of the work done in 1892. The concluding words of the count, which lay the damages, and allege that the value of the property has been greatly lessened in a stated sum, would indicate that the purpose of the pleader was to sue for a permanent injury to the property as the result of the original wrongful…
2Cases cited2 opinions
- Athens Manufacturing Co. v. RuckerSupreme Court of Georgia · 1887
- Satterfield v. RowanSupreme Court of Georgia · 1889
3Cited by14 opinions
- Ford Motor Company v. WilliamsSupreme Court of Georgia · 1963
- City of Atlanta v. DueCourt of Appeals of Georgia · 1931
- Jeter v. DavisCourt of Appeals of Georgia · 1925
- Atlanta & West Point Railroad Co. v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1906
- Keener v. AddisCourt of Appeals of Georgia · 1939
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