Baldwin v. City of Dawson

Court of Appeals of Georgia

Baldwin v. City of Dawson

151 S.E. 825, 41 Ga. App. 90, 1930 Ga. App. LEXIS 466

CourtCourt of Appeals of Georgia

DecidedFebruary 12, 1930

Docket19874

StatusPublished

Cited by3 cases

This text of 151 S.E. 825 (Baldwin v. City of Dawson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baldwin v. City of Dawson, 151 S.E. 825, 41 Ga. App. 90, 1930 Ga. App. LEXIS 466 (Ga. Ct. App. 1930).

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Opinion

Jenkins, P. J.

1. Under the constitution of the State of Georgia, “private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid.” Civil Code (1910), § 6388; City Council of Augusta v. Lamar, 37 Ga. App. 418 (140 S. E. 763).

2. In the instant case, where certain trees growing on a space between a sidewalk and street of the defendant municipality were, according to the allegations of the petition (which, on demurrer, must be taken as true), situated and growing on land owned by the plaintiff in fee ■ simple; and where such trees were, according to the allegations of the petition, cut down and removed by the municipality without the consent of the owner, a prima facie right of action arose in his favor for the damage thus sustained, and it was error for the court to sustain a general demurrer and dismiss his suit. City of Atlanta v. Holliday, 96 Ga. 546 (23 S. E. 509).

Judgment reversed.

Stephens and Bell, JJ., concur. W. H. Chirr, for plaintiff. B. B. J ones, for defendant.

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Jenkins, P. J.

1. Under the constitution of the State of Georgia, “private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid.” Civil Code (1910), § 6388; City Council of Augusta v. Lamar, 37 Ga. App. 418 (140 S. E. 763).

2. In the instant case, where certain trees growing on a space between a sidewalk and street of the defendant municipality were, according to the allegations of the petition (which, on demurrer, must be taken as true), situated and growing on land owned by the plaintiff in fee ■ simple; and where such trees were, according to the allegations of the petition, cut down and removed by the municipality without the consent of the owner, a prima facie right of action arose in his favor for the damage thus sustained, and it was error for the court to sustain a general demurrer and dismiss his suit. City of Atlanta v. Holliday, 96 Ga. 546 (23 S. E. 509).

Judgment reversed.

Stephens and Bell, JJ., concur. W. H. Chirr, for plaintiff. B. B. J ones, for defendant.

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Bluebook (online)

151 S.E. 825, 41 Ga. App. 90, 1930 Ga. App. LEXIS 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-v-city-of-dawson-gactapp-1930.

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