Mayor of Savannah v. Cullens
Supreme Court of Georgia
Case. Motion for new trial. Decided by Judge Flemming. Chatham Superior Court. May Term, 1267- Miles D. Cullens and his wife brought an action on the case against said corporation, to recover damages, because said wife had been injured by falling into a hole or inequality in the pavement of the public market of said city.
Read the full summary
Case. Motion for new trial. Decided by Judge Flemming. Chatham Superior Court. May Term, 1267- Miles D. Cullens and his wife brought an action on the case against said corporation, to recover damages, because said wife had been injured by falling into a hole or inequality in the pavement of the public market of said city. The evidence in the case was substantially as follows: Lewis J. B. Fairchild, testified that he was in the market on the day of the accident; there were a great mau}^ people there, and the place was one much frequented ; Mrs. Ann M. Cullens was next in turn, after himself,…
1Opinion of the CourtMcCay, J.
Although there may be found dicta that a corporation can not be sued for a tort, yet the authorities in support of the contrary doctrine are numerous 'and conclusive. Angel & Ames, sec. 382-385. Nor does a municipal corporation form any exception. The case of the Mayor of Lynn vs. Turner, *346Cowper, &e.,was against a municipal corporation for failing to repair and clean out a creek; indeed the old cases of suits against corporations for torts (that is, actions on the case for negligence,) are almost all against municipal corporations. See the cases cited in 16 East., 6.
If the wrong be a mere…
2Cited by13 opinions
- Cornelisen v. City of AtlantaSupreme Court of Georgia · 1917
- Caroway v. City of AtlantaCourt of Appeals of Georgia · 1952
- City of Barnesville v. SappingtonCourt of Appeals of Georgia · 1938
- Libby v. City of PortlandSupreme Judicial Court of Maine · 1909
- Brannan v. City of BrunswickCourt of Appeals of Georgia · 1934
8 more not listed; retrieve them via the Exa API.