City of Thomaston v. Atkinson
Court of Appeals of Georgia
Action for damages; from Upson superior court— Judge Searcy. June 9, 1919. Application for certiorari was denied by the Supreme Court. Mrs. Atkinson sued the City of Thomaston for damages on account of the death of her husband, which was alleged to have been caused by contact with an electric wire. The trial of the case resulted in a verdict against the city for $5,000, and,’ the defendant’s motion for a new trial being overruled, it excepted.
1Opinion of the CourtJenkins, P. J.
The evidence adduced in behalf of the plaintiff tended to show substantially the following facts: Her husband, with his young son, was walking from their home in East Thomaston along Thompson street into the City of Thomaston. It was the first time they had passed along this street. The right of way of this public street was 30 feet wide, and within it a roadway 18 feet wide had been opened up and laid out. No sidewalk had been constructed, but within the right of way and along the elevation of’ a slight embankment there was a well-defined and beaten pathway, used by pedestrians and the…
2Cases cited6 opinions
- Metropolitan Street Railroad v. JohnsonSupreme Court of Georgia · 1892
- Eining v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1909
- Columbus Railroad v. DorseySupreme Court of Georgia · 1904
- Southern Bell Telephone & Telegraph Co. v. DavisCourt of Appeals of Georgia · 1912
- Atlanta & West Point Railroad v. MillerCourt of Appeals of Georgia · 1919
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3Cited by6 opinions
- Larkin v. AndrewsCourt of Appeals of Georgia · 1921
- Couch v. Pacific Gas & Electric Co.California Court of Appeal · 1947
- Darden v. Mayor of WashingtonCourt of Appeals of Georgia · 1926
- Wolfinger v. ShawNebraska Supreme Court · 1940
- American Fidelity & Casualty Co. v. FarmerCourt of Appeals of Georgia · 1948
1 more not listed; retrieve them via the Exa API.