Rhines v. Comm'rs Of Chatham County, 24232.

• Decision Date: 23 February 1935
• Docket Number: No. 24232.,24232.
• Citation: 50 Ga.App. 844,179 S.E. 140
• Parties: RHINES. v. COMMISSIONERS OF CHATHAM COUNTY.
• Court: Georgia Court of Appeals

50 Ga.App. 844

179 S.E. 140

RHINES.

v.COMMISSIONERS OF CHATHAM COUNTY.

No. 24232.

Court of Appeals of Georgia, Division No. 2.

Feb. 23, 1935.

Syllabus by Editorial Staff.

SUTTON, J., dissenting.

Error from City Court of Savannah; Alex R. MacDonell, Judge.

Petition by Josephine Rhines against the Commissioners of Chatham County. To review a judgment sustaining a general demurrer to the petition, plaintiff brings error.

Affirmed.

The portions of the plaintiff's petition as amended respecting the damages claimed and which contain the portions referred to in both the majority and dissenting opinions are as follows:

"When the roadway was first constructed in 1926 by Chatham County forces, the drainage outlet through the roadway was an open bridge. This bridge remained in place until the early part of 1932 when the county, through its superintendent, county engineer and employees mentioned, filled in Betz's Creek and placed a 35-inch by 40-inch box drain as a drainage outlet for Betz's Creek, and removed the open wooden bridge which had formerly spanned Betz's Creek. The abutments and approaches around the box drain the county filled with earth, thus forming across the canal a bridge with a surface and approaches of earth.

"During August 1933 heavy rains fell upon the island with the result that large quantities of water flowed from the canal system into Betz's Creek, Canal No. 5. Because of the narrow outlet in Betz's Creek under the roadway the water backed on to the surrounding territory completely covering petitioner's land to a depth of about three feet, almost floating from their foundations the wooden buildings on petitioner's property. The waters remained on petitioner's lands for six or seven days, and after they subsided left the lands muddy, boggy and sour up until the present time.

"The damage to petitioner's land because of the water standing thereon and the consequent souring of the soil will continue for years and will cost petitioner $1000.00 to remedy. The necessary expenses in re-conditioning petitioner's buildings is $1,000.00.

"The value of petitioner's real estate, land, and premises immediately before it was flood-ed by reason of defendant's negligence, was $40,000. The value of petitioner's real estate, land, and premises after the water had subsided, was $7,500. By reason of the injury and damage done by the defendant to petitioner, the value of her lands and premises was decreased $32,050.

"Prior to August of 1933 the Commissioners of Chatham County, Georgia filled in the abutments of the bridge across Betz's Creek, and placed under the roadway a wooden sewer about three feet high and four feet wide, this small outlet being designed by the County to carry the tremendous volume of water drained from the entire island by the system of canals and the creek described. Across the eastern opening of this wooden sewer the Commissioners place a 6x8 timber from the top corner to the lower corner, which prevented debris from passing through the sewer, and...