74 Ga. 164 | Ga. | 1885
This action was brought by Castleberry against the city, to recover for damage done his property by grading the sidewalk.
While there is a degree of convenience and comfort about the shade-trees on sidewalks fronting a house, yet these must yield to the control' of the city authorities over the public walks; and the court certainly went to the extreme of the law, when it authorized damage for negligently and carelessly killing them.
Judgment affirmed.