MAYOR &c. OF ATHENS v. GAMMA DELTA CHAPTER HOUSE CORP.

33860.

86 Ga. App. 53 (1952)

70 S.E.2d 621

MAYOR &c. OF ATHENS et al. v. GAMMA DELTA CHAPTER HOUSE CORPORATION.

Court of Appeals of Georgia.

Rehearing Denied May 1, 1952.


Attorney(s) appearing for the Case

James Barrow, for plaintiffs in error.

Erwin, Nix, Birchmore & Epting, contra.


CARLISLE, J.

(After stating the foregoing facts.) At common law, a municipal corporation was not liable for damages to property resulting from a change of grade of a street or highway unless the work was negligently or unskillfully done, as this was not such a "taking" of property as was compensable. Under article I, section III, paragraph I of the Constitution of Georgia (Code, Ann., § 2-301), private property shall not be taken or damaged for public...

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