City of Atlanta v. Whitley

In order that the rulings made in the 1st and 5th headnotes may be better understood, we deem it proper to make the following brief statement of the case and the evidence adduced on the trial:

Martha Whitley, two and a half years old, by her mother as next friend, brought suit against the City of Atlanta for damages on account of personal injuries alleged to have been received by reason of a sewer-pipe falling upon her while she was walking upon and along a sidewalk of one of the streets of the defendant city. The petition alleged that on the day previous to the injury, the defendant, when…