Howington v. Madison County
Supreme Court of Georgia
Action for damages. Before Judge Holden. Madison superior court. September 5, 1905. Mrs. Howington brought her action against the County of Madison, laying damages in the sum of $10,000. The petition alleged, that on September 16, 1904, the minor son of plaintiff, six years of age, was killed by the negligence and carelessness of the defendant, such negligence consisting of a defect in a public bridge erected by the defendant since December 29, 1888, the bridge constituting…
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Action for damages. Before Judge Holden. Madison superior court. September 5, 1905. Mrs. Howington brought her action against the County of Madison, laying damages in the sum of $10,000. The petition alleged, that on September 16, 1904, the minor son of plaintiff, six years of age, was killed by the negligence and carelessness of the defendant, such negligence consisting of a defect in a public bridge erected by the defendant since December 29, 1888, the bridge constituting a. part of one of the established public roads of the county. The deceased and his father were traveling the road in a…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) A county is liable for injuries caused by defects in a county bridge constructed since the passage of the act of 1888. Hackney v. Coweta County, 117 Ga. 327. The petition alleges that the bridge in question was erected by the county since 1888, and that it is a public bridge of the county. “A bridge 'which constitutes a portion of a public road is necessarily a- public bridge.” County of Tattnall v. Newton, 112 Ga. 780. It is contended, though, that the injury did not result from a defect in the bridge, but from a defect in a public road leading to the…
2Cases cited6 opinions
- City Council of Augusta v. HudsonSupreme Court of Georgia · 1894
- Daniels v. Intendant & WardensSupreme Court of Georgia · 1876
- Warren County v. EvansSupreme Court of Georgia · 1903
- County of Tattnall v. NewtonSupreme Court of Georgia · 1901
- Hackney v. Coweta CountySupreme Court of Georgia · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Central of Georgia Railway Co. v. KeatingSupreme Court of Georgia · 1933
- Louisville & Nashville Railroad Co. v. BarnwellSupreme Court of Georgia · 1909
- Penick v. County of MorganSupreme Court of Georgia · 1908
- Mitchell County v. DixonCourt of Appeals of Georgia · 1917
- Morgan County v. GlassSupreme Court of Georgia · 1913
16 more not listed; retrieve them via the Exa API.