City of Clarkesville v. McMillan

Supreme Court of Georgia

City of Clarkesville v. McMillan

85 S.E. 110, 143 Ga. 335, 1915 Ga. LEXIS 427

CourtSupreme Court of Georgia

DecidedApril 16, 1915

StatusPublished

Cited by2 cases

This text of 85 S.E. 110 (City of Clarkesville v. McMillan) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Clarkesville v. McMillan, 85 S.E. 110, 143 Ga. 335, 1915 Ga. LEXIS 427 (Ga. 1915).

Pincite

Opinion

Atkinson, J.

1. Where a city lawfully raises the grade of one of its streets, if the grading is executed in such manner as to obstruct or divert the flow of rain water so that it would empty on an adjacent proprietor’s land to such an extent as to cause injury thereto, the diversion of the water with such result would give rise to a cause of action. Louisville & Nashville R. Co. v. Jackson, 139 Ga. 543 (4), 544 (77 S. E. 796) ; Nelson v. City of Atlanta, 138 Ga. 252 (75 S. E. 245), and citations.

2. The evidence was sufficient to support the verdict, and none of the grounds of the motion for new trial show error.

Judgment affirmed.

All the Justices concur, except Fish, G. J., absent.

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