Elbert County v. Swift

Citation58 S.E. 396,2 Ga. App. 47
Decision Date24 May 1907
Docket Number(No. 220.)
PartiesELBERT COUNTY. v. SWIFT.
CourtUnited States Court of Appeals (Georgia)

58 S.E. 396
(2 Ga. App. 47)

ELBERT COUNTY.
v.
SWIFT.

(No. 220.)

Court of Appeals of Georgia.

May 24, 1907.


1. Eminent Domain — Nature of Injury— Substantial Damage.

The damages recoverable under the provisions of the Constitution of 1877 are for substantial injury to private property, real damage affecting the market value, and not speculative or imaginary damage affecting only the natural beauties of the property.

[Ed. Note.—For cases in point, see Cent Dig. vol. 18, Eminent Domain, § 237.]

2. Counties — Claims Against — Presentation—Time for.

Claims against counties must be presented by written demand to the proper county author ities within 12 months after such claims accrue or become payable, or the same are barred, unless held by minors or persons laboring under disabilities. Where it appeared from the evidence that the above requirement had not been complied with, a verdict against the county was unauthorized.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 13, Counties, § 315.]

(Syllabus by the Court.)

Error from City Court of Elberton; P P. Proffitt, Judge.

Action by T. M. Swift, for the use of J. Y. Swift, against Elbert county. Judgment for plaintiff, and defendant brings error. Reversed.

C. P. Harris, for plaintiff in error.

Z. B.Rogers, for defendant in error.

HILL, C. J. T. M. Swift, for the use of J. Y. Swift, brought suit against Elbert county for damages to land. The trial court overruled a demurrer, and the case was submitted to a jury, which returned a verdict in favor of the plaintiff for $175. A motion for a new trial was made and denied. The defendant excepts to the judgment overruling the demurrer and to the refusal to grant a new trial. This court will not consider the question made by the demurrer, but will decide the case on the merits, as shown by the facts.

The plaintiff was the owner of a certain tract of land located on the public road from Elberton to Petersburg. This tract of land had no improvements upon it, but by reason of many natural advantages, which are fully described in the petition and by the evidence, it was "unsurpassed in beauty and grandeur" as a site for a residence. Besides these natural advantages, it was located directly on the public road, which gave it additional value; and it was the intention of J. Y. Swift, who held the beneficial interest in the property, to erect on the same a family residence. The road which ran between Elberton and Petersburg and directly alongside this property had been the public highway for a long time, and it was by this road that ingress and egress was had to...

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