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DeKALB COUNTY v. ORWIG

No. S90G1365.

402 S.E.2d 513 (1991)

261 Ga. 137

DeKALB COUNTY, Georgia v. ORWIG.

Supreme Court of Georgia.

Reconsideration Denied March 28, 1991.

Attorney(s) appearing for the Case

Albert Sidney Johnson, County Atty., Decatur, Nisbet S. Kendrick, III, Johnson & Montgomery, Atlanta, for DeKalb County.

Gail C. Flake, Decatur, for Orwig.

James F. Grubiak, Oliver R. Hunter, Assoc. County Com'rs of Georgia, Atlanta, amicus curiae.

BENHAM, Justice.

Orwig sued DeKalb County to recover damages resulting from two instances of sewage backing up into her home. After the first back-up, DeKalb County disclaimed responsibility, noting that the sewage in its line was running smoothly and that dye put in the stream flowed past the suspected obstruction. After the second back-up, use of a video camera showed that the problem was a rod which Georgia Power had...

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