Dethrage v. City of Rome
Supreme Court of Georgia
Action for damages. Before Judge Henry. Floyd superior court. March 20, 1905. The plaintiffs brought suit against the City of Rome for damages on account of the death of their father, alleged to have been caused by a defective street. They obtained a verdict for $1,500, but on motion of t]^e defendant, grounded on the insufficiency of the evidence to sustain it and on errors of law committed in the charge of the court, the verdict was set aside and a new trial granted.
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Action for damages. Before Judge Henry. Floyd superior court. March 20, 1905. The plaintiffs brought suit against the City of Rome for damages on account of the death of their father, alleged to have been caused by a defective street. They obtained a verdict for $1,500, but on motion of t]^e defendant, grounded on the insufficiency of the evidence to sustain it and on errors of law committed in the charge of the court, the verdict was set aside and a new trial granted. A second verdict was obtained by the plaintiffs and was set aside by the trial court. The exception is to the decision…
1Opinion of the CourtAtkinson, J.
1. From the evidence .in this case it is clear that the jury were authorized in finding that the defendant was guilty of negligence in regard to the injury complained of. The fact that the city had allowed one of its public thoroughfares to be narrowed at one point to almost one half of its regular width by a deep ravine cutting into it, and had provided no railing, sidewalk, or other adequate means to prevent vehicles from passing over the edge of the roadway into the ravine, was sufficient evidence for the jury to find that the city was negligent in the care of the street. Having fixed the…
2Cases cited9 opinions
- Samples v. City of AtlantaSupreme Court of Georgia · 1894
- Taylor v. Central Railroad & Banking Co.Supreme Court of Georgia · 1888
- Perry v. Macon Consolidated Street RailroadSupreme Court of Georgia · 1897
- Wood v. LaneSupreme Court of Georgia · 1897
- Cook v. Western & Atlantic RailroadSupreme Court of Georgia · 1883
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3Cited by22 opinions
- Estate of CasparCalifornia Supreme Court · 1916
- Eubanks v. MullisCourt of Appeals of Georgia · 1935
- Merchants & Miners Transportation Co. v. CorcoranCourt of Appeals of Georgia · 1908
- Brown v. Savannah Electric & Power Co.Court of Appeals of Georgia · 1932
- Mills v. StateSupreme Court of Georgia · 1939
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