Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

CITY OF LaGRANGE v. WHATLEY.

SMITH, Judge.

Appellant comes to this court by way of interlocutory appeal from the denial of its motion for a summary judgment. We reverse.

Appellee filed his complaint against appellant, alleging damages by virtue of a nuisance created and maintained by appellant. The alleged nuisance was a city sewer line that backed sewage up into appellee's home one time. Appellee testified that the one and only time sewage backed up into his home was February 7, 1977. There being no evidence here to establish that the City of LaGrange had created or was maintaining a nuisance, the trial court erred in denying appellant's motion for summary judgment. The case of City of East Point v. Terhune, 144 Ga. App. 865 ( 242 S.E.2d 728) (1978) controls the case at bar.

Judgment reversed. Deen, P. J., and Banke, J., concur.

SUBMITTED MAY 2, 1978 — DECIDED MAY 17, 1978 — REHEARING DENIED JUNE 9, 1978 — CERT. APPLIED FOR.
Use AI to get other relevant cases.

Comments

CITY OF LaGRANGE v. WHATLEY
(May 17, 1978)