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CITY OF ARLINGTON v. SMITH

31506.

238 Ga. 50 (1976)

230 S.E.2d 863

CITY OF ARLINGTON v. SMITH.

Supreme Court of Georgia.

Decided December 1, 1976.

Attorney(s) appearing for the Case

Bowles & Bowles, Jesse G. Bowles, for appellant.

Hatcher & Cook, Charles F. Hatcher, for appellee.

UNDERCOFLER, Presiding Justice.

Mrs. Smith sued the City of Arlington for damages and injunction because the city tapped a neighbor's sewer line into her sewer line, causing sewage to "back-up" into her house. The damage issue was dropped and a jury found in favor of Mrs. Smith, directing the city to remove the tap. The city appeals claiming the evidence was insufficient to support the verdict; that ante litem notice as required by Code Ann. § 69-308 was not...

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