Cook v. Gammon

• Decision Date: 18 December 1893
• Citation: 20 S.E. 332,93 Ga. 298
• Parties: COOK et al. v. GAMMON et al.
• Court: Georgia Supreme Court

20 S.E. 332

93 Ga. 298

COOK et al.

v.GAMMON et al.

Supreme Court of Georgia.

Dec. 18, 1893.

Right of Wat—Prescription.

Merely passing through an alley two feet wide, in a city, belonging to the owner of adjacent property, and kept open by him for his own use, or the use of his tenants, will not ripen into a right to continue such passing by any lapse of time, no repairs being made, nor any other acts being done so as to give notice to the owner of a claim of right to pass, as distinguished from a mere license or permission.

(Syllabus by the Court.)

Error from superior court, Chatham county; R. Falligant, Judge.

Aetlon between Fred Cook and others and John A. Gammon and others, executors, and others. From a judgment for Gammon and others, Cook and others bring error. Reversed.

Saussy & Saussy, for plaintiffs in error.

Denmark & Adams, for defendants in error.

PER CURIAM. Judgment reversed.