93 Ga. 266 | Ga. | 1893
Judgment affirmed.
By act of November 8, 1889, tbe charter of the city of Atlanta was amended so as to provide, “ that in all cases where a sewer shall be laid by or under the authority of said city in any street, the sum of ninety cents per lineal foot shall be assessed upon the property and estates respectively abutting on said sewer, on each side of said street in which said sewer is laid or constructed, and in consideration of the payment of said assessment the owners of said estates shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer j and in case any such sewer is laid or constructed through or over'any private property, along the course of any natural drain or otherwise, a like sum of ninety cents shall be assessed upon such property abutting on each side of said sewer for every lineal foot, making in all one dollar and eighty
The city caused to be constructed two large trunk
In the petition it is alleged, that the assessments are inequitable, unjust and out of all proportion to the benefits to the property from the sewers; that these sewers drain a large portion of the territory of the city, but are not such as can be used by plaintiff for draining off the. water that falls on her property, or for the connection of private sewers from said property; that the property is vacant, and before it can be used for building purposes, said sewers will have to be covered fifteen or twenty feet deep; and that she can never derive any special benefit from them. She further alleges, that the portion of the Rice street sewer which runs through her property ought not to be chargeable to her entirely, because it simply traverses her property along one border of the same in such a way as that to make her pay for all of it would be making her pay for what goes as much to benefit thepropei'ty of the adjoining owner (if there is any benefit at all from it) as it does to benefit her; that is, the sewer happens to be a little on her side of the line, but there is as much incidental benefit to the owner on the other side. As to this assessment, the court submitted to the jury to find from the evidence