Legal Opinion

Phinizy v. City Council of Augusta

Supreme Court of Georgia

Decided July 15, 1872PublishedCited by 19 opinions

Trespass. Municipal corporation. Drainage. Charge of Court. Before Judge Gibson. Richmond Superior Court. January Term, 1872. John Phinizy brought case aginst the City Council of Augusta, alleging in his declaration substantially the following facts : That he has been for fifteen years the owner of a certain tract of land in the county of Eichmond, lying southeast from the city of Augusta; that defendant has so constructed the drains leading from said city, that almost all…

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Trespass. Municipal corporation. Drainage. Charge of Court. Before Judge Gibson. Richmond Superior Court. January Term, 1872. John Phinizy brought case aginst the City Council of Augusta, alleging in his declaration substantially the following facts : That he has been for fifteen years the owner of a certain tract of land in the county of Eichmond, lying southeast from the city of Augusta; that defendant has so constructed the drains leading from said city, that almost all the water passes upon his land, and so covers it as to render it comparatively of but little value; that said conduct of…

1Opinion of the Court

Warner, Chief Justice.

This was an action brought by the plaintiff against the defendants to recover damages for causing water to be thrown upon the plaintiff’s land by the construction of their drains and sewers from the eity of Augusta, for the benefit of the city. On the trial of the case, the jury found a verdict for the defendants. A motion was made for a new trial, on the several grounds of error set forth in the record, which was overruled and the plaintiff excepted. The Court charged the jury, in addition to other charges given to them, “ that if the plaintiff purchased any land liable…

2Cited by19 opinions

  1. Langley v. City CouncilSupreme Court of Georgia · 1903
  2. Seifert v. . City of BrooklynNew York Court of Appeals · 1886
  3. City Council v. LombardSupreme Court of Georgia · 1897
  4. Conniff v. City of San FranciscoCalifornia Supreme Court · 1885
  5. Hoffman v. Atlanta Gas Light Co.Court of Appeals of Georgia · 1992

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