Newberry v. City of Macon

Mrs. W. M. Newberry brought suit against the City of Macon for the homicide of her husband, alleged to have been caused by the defendant’s negligence in the maintenance of a hole sixteen inches deep, about three feet wide, and several feet long, in Carling Avenue, one of the defendant’s streets, and near the intersection of that street with Rembert Avenue. The transaction is the identical one considered by this court on demurrer in City of Macon v. Newberry, 35 Ga. App. 252 (132 S. E. 917), where it was held that the petition failed to set forth a cause of action and should have been…