103 Ga. 233 | Ga. | 1897
Mrs. Tucker brought suit against the Mayor and Council of the City of Brunswick, to recover damages for the alleged negligence of the municipal authorities in allowing certain street-drains to become clogged by wood and sand, thus gradually raising the level of the drains, so that the surface-water, which was formerly carried away from a lot owned by her by means of such drains, was caused to settle and become ponded thereon with no means of outlet. It appears that in 1868 the City of Brunswick leased the premises to one Coleman, his heirs and assigns, and that he afterwards assigned the lease to the plaintiff, who entered in possession in 1877, and has so remained to the present time. The premises consisted of three city lots containing about one half of an acre of ground bounded on all sides by streets. Upon the premises was a dwelling which was occupied at least five years before plaintiff’s entry. This dwelling was on that portion of the premises which was unaffected by the overflow, while the garden was
Judgment affirmed.