City of LaGrange v. Whatley

Court of Appeals of Georgia

City of LaGrange v. Whatley

246 S.E.2d 5, 146 Ga. App. 174, 1978 Ga. App. LEXIS 2201

CourtCourt of Appeals of Georgia

DecidedMay 17, 1978

Docket55845

StatusPublished

Cited by6 cases

This text of 246 S.E.2d 5 (City of LaGrange v. Whatley) 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.

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City of LaGrange v. Whatley, 246 S.E.2d 5, 146 Ga. App. 174, 1978 Ga. App. LEXIS 2201 (Ga. Ct. App. 1978).

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Opinion

Smith, Judge.

Appellant comes to this court by way of interlocutory appeal from the denial of its motion for a summary judgment. We reverse.

Appellee filed his complaint against appellant, alleging damages by virtue of a nuisance created and maintained by appellant. The alleged nuisance was a city sewer line that backed sewage up into appellee’s home one time. Appellee testified that the one and only time sewage backed up into his home was February 7, 1977. There being no evidence here to establish that the City of LaGrange had created or was maintaining a nuisance, the trial court erred in denying appellant’s motion for summary judgment. The case of City of East Point v. Terhune, 144 Ga. App. 865 (242 SE2d 728) (1978) controls the case at bar.

Judgment reversed.

Deen, P. J., and Banke, J., concur.

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Smith, Judge.

Appellant comes to this court by way of interlocutory appeal from the denial of its motion for a summary judgment. We reverse.

Appellee filed his complaint against appellant, alleging damages by virtue of a nuisance created and maintained by appellant. The alleged nuisance was a city sewer line that backed sewage up into appellee’s home one time. Appellee testified that the one and only time sewage backed up into his home was February 7, 1977. There being no evidence here to establish that the City of LaGrange had created or was maintaining a nuisance, the trial court erred in denying appellant’s motion for summary judgment. The case of City of East Point v. Terhune, 144 Ga. App. 865 (242 SE2d 728) (1978) controls the case at bar.

Judgment reversed.

Deen, P. J., and Banke, J., concur.

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246 S.E.2d 5, 146 Ga. App. 174, 1978 Ga. App. LEXIS 2201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-lagrange-v-whatley-gactapp-1978.

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