Etc v. Lloyd

• Decision Date: 16 February 1906
• Citation: 53 S.E. 103,124 Ga. 852
• Court: Georgia Supreme Court
• Parties: MAYOR ETC., OF EAST ROME. v. LLOYD.

53 S.E. 103

(124 Ga. 852)

MAYOR ETC., OF EAST ROME.

v.LLOYD.

Supreme Court of Georgia.

Feb. 16, 1906.

1. Municipal Corporations — Change of Grade—Damages.

Since the adoption of the Constitution of 1877 a municipal corporation is liable to a property owner for consequential damages resulting from raising the grade of a street in front of his premises, thereby impairing or destroying his means of ingress and egress. City of Atlanta v. Green, 67 Ga. 386. The measure of damages is the resultant diminution in the market value of his property. Roughton v. Atlanta, 39 S. E. 316, 113 Ga. 948.

[Ed. Note.—For cases in point, see vol. 36, Cent. Dig. Municipal Corporations, §§ 925-928, 946.]

2. Same — Action for Damages — Limitations.

A suit for damages instituted within four years from the time the change in the grade of the street was made is not barred by the statute of limitations. Civ. Code 1895; § 3898; Atkinson v. Atlanta, 7 S. E. 692, 81 Ga. 625; Holmes v. Atlanta, 39 S. E. 458, 113 Ga. 961, and citations.

3. Same—Evidence.

Notwithstanding a conflict in the testimony with regard to the time when the raising of the grade of the street in front of the plaintiff's premises occurred, the jury were authorized to find that it was made within four years next preceding the filing of her action, and the evidence supported the recovery of damages assessed in her favor.

(Syllabus by the Court.)

Error from City Court of Floyd County; Harper Hamilton, Judge.

Action by L. A. Lloyd against the mayor and council of East Rome. Judgment for plaintiff, and defendant brings error. Affirmed.

R. L. Louche and M. B. Eubanks, for plaintiff In error.

McHenry & Maddox, for defendant in error.

EVANS, J. Judgment affirmed. All the Justices concur.