18 Ga. App. 476 | Ga. Ct. App. | 1916
Silver & Brother brought suit in a justice’s court against Mrs. Chapman, alleging that they had been damaged in the sum of $74.50 by reason of the defendant’s automobile running into and breaking a show-window in their store on Broad street in the city of Augusta. The defendant moved to dismiss the suit, on the ground that the justice’s court was without jurisdiction of the subject-matter, as the suit was for damage to realty, and not to personal property. This motion was overruled by the justice, who rendered judgment for the plaintiff for the full amount sued for. The case was carried to the superior court by certiorari, the court overruled and dismissed the petition for certiorari, and the defendant excepted. The only question to be decided here is whether, under the facts of the case, the show-window of the store building was a part of the realty.
“Bealty” includes all lands, and buildings thereon, and all things permanently attached to either, or any interest therein or issuing out of or dependent thereon. Civil Code, § 3617. In Guernsey v. Phinizy, 113 Ga. 898 (39 S. E. 402, 84 Am. St. R. 270), it was held that personalty, such as bricks and lumber, when used in building a house upon land becomes realty and constitutes a part of the land, and even if the house be destroyed, the bricks and other debris, which remain upon the land, continue as a part of the realty, unless the owner manifests an intention to remove them. In Bagley v. Columbus Sou. Ry. Co., 98 Ga. 626 (35 S. E. 638, 34 L. R. A. 286, 58 Am. St. R. 335), it was held that fences permanently affixed to land are a part of the realty, and so likewise are growing crops. In Wright v. DuBignon, 114 Ga. 765 (40 S. E. 747, 57 L. R. A. 669), it was held that a servant’s room, water-pipes laid under the ground, and metallic gutters attached to the roof of’a house to carry off rainwater, became a part of the realty, when constructed and attached thereto. In that case it was also held that fixtures which are substantial additions to a house,
The second headnote needs no elaboration. The judge of the superior court erred in overruling the certiorari.
Judgment reversed.