City of Cordele v. Hobby, 32795
| Decision Date | 25 October 1977 |
| Docket Number | No. 32795,32795 |
| Citation | 240 S.E.2d 16,240 Ga. 207 |
| Parties | CITY OF CORDELE v. Roy HOBBY et al. |
| Court | Georgia Supreme Court |
Roberts, Roberts & Rainwater, Guy Velpoe Roberts, Jr., Cordele, for appellant.
Rogers & McCord, John R. Rogers, Ashburn, for appellees.
The appellees brought suit for injunctive relief and damages for trespass because of the City of Cordele's negligent maintenance of an open drainage ditch. The jury found the operation of the drainage ditch constituted a nuisance and awarded appellees $1,000 damages for the trespass. The trial court then entered an order enjoining the City of Cordele from operating and maintaining the drainage ditch in such a manner as to permit it to overflow onto plaintiffs' property, from encroaching upon plaintiffs' property and permitting raw sewage and dead animals to empty into the ditch so long as it remained uncovered.
The City contends that the judgment and decree is inconsistent with the pleadings and is not supported by the evidence.
We cannot agree with appellant's contention. The evidence amply supports the jury's finding that the drainage ditch constituted a nuisance. After the jury returned a general verdict finding a nuisance existed, the trial court was authorized under Code § 37-1203 to mold its decree so as to meet the exigencies of the case and the prayers of the plaintiffs. Westberry v. Reddish, 178 Ga. 116(3), 172 S.E. 10 (1933); Gray v. Junction City Manufacturing Company ...
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...system to flow across Myszka's property for many months, thereby creating a nuisance for which the city is liable. City of Cordele v. Hobby, 240 Ga. 207, 240 S.E.2d 16 (1977); City of Rome v. Turk, 235 Ga. 223, 219 S.E.2d 97 (1975). The city's rather generalized argument, when seen in clear......
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Fields v. Rockdale County Georgia
...23-4-31 ("Power of court to mold and enforce decrees"), 9-11-60 ("Relief from judgments") (1982 & 1984 Supp.); City of Cordele v. Hobby, 240 Ga. 207, 240 S.E.2d 16 (1977) (upon verdict finding nuisance, court is to "mold its decree to meet the exigencies of the case ...").8 Although the sup......
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City of Columbus v. Barngrover
...authorized under [OCGA § 23-4-31] to mold its decree so as to meet the exigencies of the case and the prayers of the plaintiffs." City of Cordele v. Hobby.22 See Brown, 238 Ga. at 629, 234 S.E.2d Again, the verdict requires the City to "abate the drainage system away from the house" and to ......
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Georgia Dept. of Transp. v. Edwards
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