McAfee v. Atlantic Ice & Coal Corp.
Court of Appeals of Georgia
Action for damages; from city court of Atlanta — Judge Reid. June 3, 1920. On account of personal injuries from a fall caused by a broken piece of cement of tlie sidewalk giving way under her foot when she stepped upon it in walking on Whitehall street in the City of Atlanta, at a place where the sidewalk was intersected by Duvall’s alley, Mrs. McAfee sued the Atlantic Ice and Coal Corporation for damages, alleging that tliis condition of the sidewalk was caused by heavy…
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Action for damages; from city court of Atlanta — Judge Reid. June 3, 1920. On account of personal injuries from a fall caused by a broken piece of cement of tlie sidewalk giving way under her foot when she stepped upon it in walking on Whitehall street in the City of Atlanta, at a place where the sidewalk was intersected by Duvall’s alley, Mrs. McAfee sued the Atlantic Ice and Coal Corporation for damages, alleging that tliis condition of the sidewalk was caused by heavy trucks and wagons of the defendant which broke and cut up the cement in crossing the sidewalk into and out of the alley…
1Opinion of the Court
Broyles, O. J.
Under all the particular facts of the case as disclosed by the record, the court did not err in awarding a nonsuit.
Judgment affirmed.
Lulce and Bloodworth, JJ., concur. From the evidence it appeared that in January, 1918, the defendant purchased the wagons, trucks,' and other property of the Southern Ice Company, which for some years and until the sale of its property had been regularly using these vehicles in crossing the sidewalk at the place mentioned, to go to and from its stable in Duvall’s alley, and that this use was continued by the defendant. Duvall’s alley was a public…
2Cases cited15 opinions
- Atlanta Street Railroad v. WalkerSupreme Court of Georgia · 1893
- Georgia Railway & Electric Co. v. TompkinsSupreme Court of Georgia · 1912
- Central of Georgia Railway Co. v. Macon Railway & Light Co.Supreme Court of Georgia · 1913
- Western & Atlantic Railroad v. City of AtlantaSupreme Court of Georgia · 1885
- City of Atlanta v. MilamSupreme Court of Georgia · 1894
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