2 Ga. App. 355 | Ga. Ct. App. | 1907
Plaintiffs in 'the court below brought suit against the Mayor and Council of the City of Macon, for damages resulting to their property by the action of the city in raising the grade of the street on which said property was situated. The jury found a verdict for the plaintiffs, and the judgment of the court overruling the defendant’s motion for a new trial brings the case to this court. It was admitted that the change of grade of the street in front of plaintiff’s property was in conformity to an ordinance of the Mayor.and Council of the City of Macon in their legislative capacity; and it is therefore insisted that there is no liability for any consequential damages to said property caused bjr the change in the grade of the street. It is perfectly well settled that municipal corporations, acting under authority conferred by the legislature, are not liable for consequential damages to abutting-land owners, arising from grading or changing the grade of streets,
As pertinent to the contention of the able and indefatigable attorney representing the City of Macon, now being considered, that the city is relieved from liability because the change in the grade of the street was in accordance with a profile or plan of improvement adopted by the mayor and council in pursuance of legislative action and under legislative authority, we quote from the opinion of Mr. Justice Harlan this statement, “The city did this work under the power conferred by its charter ‘to lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, wharves, parks, and public grounds/ and as directed by special -ordinances of the city council.” The question is not an open one in Georgia. The constitution of 1877 and decisions of the Supreme Court settle it beyond all controversy. Paragraph 1, sec. 3 of the “bill of rights” declares, “Private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid.” Under the express terms of this broad provision of the fundamental law, neither the State nor county nor city by legislation or otherwise can authorize or do any public work which damages private property, without just and adequate compensation: In City of Atlanta v. Green, 67 Ga. 386, the Supreme Court held that the
The 6th and 7th grounds are fully covered by the first part of this opinion. These grounds embody requests to charge the principle of law as therein contended by the city.
In our opinion the law governing the facts of the case was fully, fairly, and aptly submitted to the jury. No error was committed during the trial, and the evidence amply supports the verdict.
Judgment affirmed.