Tuggle v. Mayor of Atlanta
Supreme Court of Georgia
Municipal corporations. Boads and bridges. Damages, Before Judge Hopkins. Fulton Superior Court. October Term, 1875. James H. Callaway, the testator of plaintiff in error, brought an action for damages against the Mayor and Council of Atlanta^ making, in brief, the following case : Plaintiff is the owner of certain stores on Broad street. Within about sixty or seventy feet thereof is a railroad cut, across whieli was formerly a wooden bridge, forming a part of the street.
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Municipal corporations. Boads and bridges. Damages, Before Judge Hopkins. Fulton Superior Court. October Term, 1875. James H. Callaway, the testator of plaintiff in error, brought an action for damages against the Mayor and Council of Atlanta^ making, in brief, the following case : Plaintiff is the owner of certain stores on Broad street. Within about sixty or seventy feet thereof is a railroad cut, across whieli was formerly a wooden bridge, forming a part of the street. On August 12th, 1873, the city council entered into an agreement with the Wrought Iron Bridge Company of Canton, Ohio, by…
1Opinion of the Court
Bleckley, Judge.
This action seems to us to be founded on a misconception of the character and functions of municipal government. It ignores the mayor and council as agents of thought and treats them as agents of work only. It virtually denies them power to plan and manage, and grants but the power to execute. It seeks to set up courts and juries as their overseers, and to make the mode, if not the time, of effecting public improvements conform to opinion in the jury box, rather than to opinion in the council chamber, Whether a bridge of iron shall *116be substituted for a bridge of wood is…
2Cited by5 opinions
- Pause v. City of AtlantaSupreme Court of Georgia · 1896
- Collins v. Mayor of MaconSupreme Court of Georgia · 1882
- Gaskins v. City of AtlantaSupreme Court of Georgia · 1885
- City of Atlanta v. HinesCourt of Appeals of Georgia · 1929
- Adair v. City of AtlantaSupreme Court of Georgia · 1905