Thompson v. City of Rockmart

Court of Appeals of Georgia

Thompson v. City of Rockmart

185 S.E. 363, 53 Ga. App. 275, 1936 Ga. App. LEXIS 64

CourtCourt of Appeals of Georgia

DecidedApril 18, 1936

Docket25381

StatusPublished

This text of 185 S.E. 363 (Thompson v. City of Rockmart) 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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Thompson v. City of Rockmart, 185 S.E. 363, 53 Ga. App. 275, 1936 Ga. App. LEXIS 64 (Ga. Ct. App. 1936).

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Opinion

Guerry, J.

The defendant was convicted of violating a city ordinance against obstructing a street. He admits the placing of the obstruction complained of, but says that the street at this point is but thirty feet wide, as against the claim of the city that it is sixty feet wide, and that the part obstructed is not a part of a city street. It appears from a plat' in evidence that a street sixty feet wide at this point was laid out in 1890, and the property has been conveyed and held in accordance with this map since that time. The city introduced evidence as to working a street sixty feet wide at this point. The defendant acquired adjoining property in 1905 and the fence erected by him is sixty feet distant from the fence across the street. By the plat it is evident that this street was to be sixty feet wide. Property lines on this street on both sides of defendant’s property recognize a sixty-foot street. The plat evinces an easement to the city. No title to the thirty feet obstructed is shown in the defendant. No prescription runs against a municipal corporation with respect to land granted to it for the use of the public. Kelsoe v. Oglethorpe, 120 Ga. 951 (48 S. E. 366, 102 Am. St. R. 138). The evidence was sufficient to show an acceptance of the easement. The court did not err in denying the certiorari.

Judgment affirmed.

Broyles, O. J., and MacIntyre, J., concur.

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Guerry, J.

The defendant was convicted of violating a city ordinance against obstructing a street. He admits the placing of the obstruction complained of, but says that the street at this point is but thirty feet wide, as against the claim of the city that it is sixty feet wide, and that the part obstructed is not a part of a city street. It appears from a plat' in evidence that a street sixty feet wide at this point was laid out in 1890, and the property has been conveyed and held in accordance with this map since that time. The city introduced evidence as to working a street sixty feet wide at this point. The defendant acquired adjoining property in 1905 and the fence erected by him is sixty feet distant from the fence across the street. By the plat it is evident that this street was to be sixty feet wide. Property lines on this street on both sides of defendant’s property recognize a sixty-foot street. The plat evinces an easement to the city. No title to the thirty feet obstructed is shown in the defendant. No prescription runs against a municipal corporation with respect to land granted to it for the use of the public. Kelsoe v. Oglethorpe, 120 Ga. 951 (48 S. E. 366, 102 Am. St. R. 138). The evidence was sufficient to show an acceptance of the easement. The court did not err in denying the certiorari.

Judgment affirmed.

Broyles, O. J., and MacIntyre, J., concur.

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185 S.E. 363, 53 Ga. App. 275, 1936 Ga. App. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-city-of-rockmart-gactapp-1936.

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