Supreme Court of Georgia, 1901

Massengale v. City of Atlanta

Supreme Court of Georgia · Decided July 20, 1901 · Fish

113 Ga. 966; 39 S.E. 578; 1901 Ga. LEXIS 433

Cases that cite this one

19 later published cases cite this decision.

Nimmons v. City of LaGrange (Ga. Ct. App. 1956)
Turk v. City of Rome (Ga. Ct. App. 1975)
E. T. Barwick Mills, Inc. v. Stevens (Ga. Ct. App. 1964)
Vickers v. City of Fitzgerald (Ga. 1960)
City Council of Augusta v. Boyd (Ga. Ct. App. 1944)
Delta Air Corporation v. Kersey (Ga. 1942)
City of Rome v. Lecroy (Ga. Ct. App. 1939)
Segars v. City of Cornelia (Ga. Ct. App. 1937)
City of Rome v. Brown (Ga. Ct. App. 1936)
Bass Canning Co. v. MacDougald Construction Co. (Ga. 1932)
Bainbridge Power Co. v. Ivey (Ga. Ct. App. 1928)
City of Albany v. Simon (Ga. Ct. App. 1926)
Harrison Co. v. City of Atlanta (Ga. Ct. App. 1921)
Dance v. City of Rome (Ga. Ct. App. 1919)
City of Atlanta v. Trussell (Ga. Ct. App. 1917)
City of Atlanta v. Trussell (Ga. Ct. App. 1917)
Langley v. City Council (Ga. 1903)
City Council of Augusta v. Marks (Ga. 1905)
Mulligan v. City Council (Ga. 1902)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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, *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.