34 Ga. App. 480 | Ga. Ct. App. | 1925
Mrs. C. C. Kimsey brought a suit in the city court of Cleveland against the Town of Cleveland to recover damages alleged to have been done to her property located within the bounds of the municipality, by a change alleged to have been made by the municipality in the grade of one of its streets adjacent to the property. At the close of the plaintiff’s evidence upon the trial the court awarded a nonsuit. The plaintiff’s certiorari was sustained by the superior court, and the defendant • municipality excepted. Counsel for the plaintiff in error, apparently conceding that the case was otherwise made out, have-urged in this court that the nonsuit was proper, and that the grant of the certiorari was therefore error, solely because it appeared from the plaintiff’s evidence that the alleged damage was done by the State highway department, or a contractor under its authority, in the construction of a “State-aid-road” as a part of the system of highways contemplated by the act of August 18, 1919 (Ga. L. 1919, p. 242), reorganizing the State highway department. They contend that under the decision of the Supreme Court in Lee County v. Smithville, 154 Ga. 550 (115 S. E. 107), the municipality can not be held liable for damage which has been done in the construction of such a road through the municipality by or under the authority
Judgment affirmed.