Kent v. Southern Bell Telephone & Telegraph Co.
Supreme Court of Georgia
Action for damages. Before Judge Reid. City court of Atlanta. October 31, 1903. Lula Kent sued the Southern .Bell Telephone and Telegraph Company for damages on account of personal injuries, alleging, that for the purpose of laying its wires and conduits, the company-dug a diteh one hundred yards in length, six feet deep, and three feet wide at the top, along Pryor street in the city of Atlanta; that about 371 South Pryor street, there was an alley or cross street which ran…
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Action for damages. Before Judge Reid. City court of Atlanta. October 31, 1903. Lula Kent sued the Southern .Bell Telephone and Telegraph Company for damages on account of personal injuries, alleging, that for the purpose of laying its wires and conduits, the company-dug a diteh one hundred yards in length, six feet deep, and three feet wide at the top, along Pryor street in the city of Atlanta; that about 371 South Pryor street, there was an alley or cross street which ran into and across Pryor street, where the ditch had been dug; that the plaintiff came along the cross street and went to…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) The petition alleges that the Telephone Company, in South Pryor street, Atlanta, dug a ditch 100 yards in length, three, feet wide at the *982top, but twice as wide at the bottom. The plaintiff came thereto from a narrow cross street. Whether the'mouth of this alley opened near the middle or at the end of the ditch did not appear. The company contends that as there was no allegation of an emergency, the plaintiff could have gone around the end of the excavation, instead of attempting to cross the visible obstruction, and that she can not recover, because by…
2Cases cited2 opinions
- Samples v. City of AtlantaSupreme Court of Georgia · 1894
- Cook & Coker v. City of AtlantaSupreme Court of Georgia · 1894
3Cited by8 opinions
- Idlett v. City of AtlantaSupreme Court of Georgia · 1905
- City of Silvertown v. HarcourtCourt of Appeals of Georgia · 1935
- Southern Railway Co. v. RoweCourt of Appeals of Georgia · 1907
- City of Macon v. JonesCourt of Appeals of Georgia · 1927
- Georgia Railroad & Banking Co. v. SewellCourt of Appeals of Georgia · 1938
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