Zettler v. City of Atlanta

Crawford, Justice.

Zettler, the plaintiff in error, whilst passing along the .sidewalk on Washington street, in the city of Atlanta, at night, voluntarily left the same, and after having gone about eight feet therefrom, fell' into an excavation ten or twelve feet deep, broke his leg, and then sued the city for $10,000.00 damages.

Upon the trial of the case, the testimony submitted by the plaintiff was, that the cellar into which he fell was on a vacant lot belonging to the second Baptist church, which lot is between the church and the residence of Mr. Werner, who was a member of the city…