Home/Supreme Court of Georgia/Massengale v. City of Atlanta

Massengale v. City of Atlanta

39 S.E. 578, 113 Ga. 966, 1901 Ga. LEXIS 433
CourtSupreme Court of Georgia
DecidedJuly 20, 1901
StatusPublished
Cited by20 cases

This text of 39 S.E. 578 (Massengale v. City of Atlanta) 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
Massengale v. City of Atlanta, 39 S.E. 578, 113 Ga. 966, 1901 Ga. LEXIS 433 (Ga. 1901).

Opinion

Fish, J.

Permitting a public city sewer to be or remain in such a defective condition as to become a nuisance with resulting injury to realty, gives a cause' of action against the municipality in favor of the owner of such realty, and on the trial thereof he may recover for all damages to his property which have; occurred within four years of the filing of his petition. This is so without regard to the time when the sewer was constructed or when it became in fact such a nuisance. Reid v. Atlanta, 73 Ga. 525, and cit.; Smith v. Atlanta, 75 Ga. 110, Maguire v. Cartersville, 76 Ga. 81; Mayor of Brunswick v. Tucker, [967]*967103 Ga. 233; Holmes v. Atlanta, ante, 761; Mayor of Waycross v. Houk, ante, 763. Judgment

Submitted May 29, Decided July 20, 1901. Action for damages. Before Judge Calhoun. City court of Atlanta. September 21, 1900. Lumpkin & Golguitt, for plaintiff. J. L. Mayson, W. P. Hill, J. A. Anderson, and J. T. Pendleton, for defendant. reversed. All the Justices concurring.

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Bluebook (online)
39 S.E. 578, 113 Ga. 966, 1901 Ga. LEXIS 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massengale-v-city-of-atlanta-ga-1901.