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CITY OF CORDELE v. HOBBY

32795.

240 Ga. 207 (1977)

240 S.E.2d 16

CITY OF CORDELE v. HOBBY et al.

Supreme Court of Georgia.

Decided October 25, 1977.

Rehearing Denied November 9, 1977.

Attorney(s) appearing for the Case

Roberts, Roberts & Rainwater, Guy Velpoe Roberts, Jr., for appellant.

Rogers & McCord, John R. Rogers, for appellees.

NICHOLS, Chief Justice.

The appellees brought suit for injunctive relief and damages for trespass because of the City of Cordele's negligent maintenance of an open drainage ditch. The jury found the operation of the drainage ditch constituted a nuisance and awarded appellees $1,000 damages for the trespass. The trial court then entered an order enjoining the City of Cordele from operating and maintaining the drainage ditch in such a manner as to permit it to overflow...

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