Tift County v. Smith

129 S.E.2d 172, 107 Ga. App. 140, 1962 Ga. App. LEXIS 594

• Court: Court of Appeals of Georgia
• Decided: October 25, 1962
• Docket: 39569
• Status: Published

Opinions

Nichols, Presiding Judge.

1. “Where a street upon which the plaintiff's property abuts is closed by an obstruction at one end, which, as respects the plaintiff’s property, makes the street upon which it abuts a cul-de-sac, although the obstruction is neither immediately in front of the property nor touches the property, and the obstruction thereby materially diminishes and curtails the right of the owner to the free and uninterrupted use of the street in front of his property, as a means of access to and from different highways, it constitutes a special damage to the property, different in kind from that inflicted upon the public in general, and the owner has a right of action for damages therefor. Felton v. State Highway Board, 47 Ga. App. 615 (171 SE 198), and cases therein cited.” Dougherty County v. Pylant, 104 Ga. App. 468 (1) (122 SE2d 117).

2. There is no difference in the rights of property owners, and the fact that the plaintiff’s property is rural rather than urban in nowise affects his right to recover damages where, by the construction of a highway, the road on which the plaintiff’s land abuts is converted into a cul-de-sac.

3. “The allegation that the improvement caused water to flow onto the plaintiff’s property is good as against demurrer. It does not appear from the petition that the fact alleged is contrary to the laws of nature or impossible for any other reason. See Felton Farm Co. v. Macon County, 49 Ga. App. 239, 241 (3) (175 SE 29).” Dougherty County v. Long, 93 Ga. App. 212, 213 (91 SE2d 198).

4. The trial court did not err in overruling the general and special demurrers to the plaintiff’s petition.

Judgment affirmed.

Felton, C. J., Carlisle, P. J., and Frankum, J., concur. Eberhardt, J., concurs specially. Bell, Jordan, Hall and Russell, JJ., dissent.