Legal Opinion

Wilson v. City of Atlanta

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 17 opinions

Practice in tlie Supreme Court. Municipal corporations. Biligence. Before Judge Hillyer. Fulton Superior Court. October Adjourned Term, 1878. Wilson brought case against tbe city of Atlanta for $10,000.00 damages alleged to have been sustained by him under the following circumstances : He was driving two horses attached to his buggy, in which were himself and three small children, on Harris street, in said city, on June 30,1875. The defendant had previously, at a point on…

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Practice in tlie Supreme Court. Municipal corporations. Biligence. Before Judge Hillyer. Fulton Superior Court. October Adjourned Term, 1878. Wilson brought case against tbe city of Atlanta for $10,000.00 damages alleged to have been sustained by him under the following circumstances : He was driving two horses attached to his buggy, in which were himself and three small children, on Harris street, in said city, on June 30,1875. The defendant had previously, at a point on said street where it crossed a branch, thrown up an embankment ten feet high and two hundred yards in length, along and in…

1Opinion of the Court

Bleckley, Justice.

1. The bill of exceptions sets out that at the fall term, 1878, of the superior court, the case (naming it) was tried, and the jury found a verdict for the defendant, his honor, George Ilillyer, judge of said court, then and there presiding, whereupon the plaintiff moved for a new trial, etc. The fair construction of this language is that the motion was made at the same term at which the trial was had ; and as it does not affirmatively appear elsewhere in the bill of excep*294tions, or in the transcript of the record, that the fact was otherwise, the motion will be treated in…

2Cases cited1 opinion

  1. City of Atlanta v. WilsonSupreme Court of Georgia · 1877

3Cited by17 opinions

  1. Glover v. City Council of AugustaCourt of Appeals of Georgia · 1951
  2. Holliday v. Mayor of AthensCourt of Appeals of Georgia · 1912
  3. Idlett v. City of AtlantaSupreme Court of Georgia · 1905
  4. Bills v. Salt Lake CityUtah Supreme Court · 1910
  5. White v. City of ManchesterCourt of Appeals of Georgia · 1955

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