Legal Opinion

Wilson v. City of Atlanta

Supreme Court of Georgia

Decided January 15, 1878PublishedCited by 10 opinions

New trial. Municipal corporations. Roads and bridges. Negligence. Damages. Before Judge Hillyer. Eulton Superior Court. October Term, 1877. Wilson brought case against the city of Atlanta, alleging substantially the following facts: On June 13, 1875, he, with his three children, was riding along Harris street, in Atlanta, when one of his horses became frightened at the whistle of an engine near by, and sprang so suddenly forward as to break the swingletree.

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New trial. Municipal corporations. Roads and bridges. Negligence. Damages. Before Judge Hillyer. Eulton Superior Court. October Term, 1877. Wilson brought case against the city of Atlanta, alleging substantially the following facts: On June 13, 1875, he, with his three children, was riding along Harris street, in Atlanta, when one of his horses became frightened at the whistle of an engine near by, and sprang so suddenly forward as to break the swingletree. This increased the fright of the horses, and they ran away, without fault on plaintiff’s part. Harris street was some fifty or sixty feet…

1Opinion of the Court

Jackson, Judge.

This was an action on the case for damages for injuries to the person of the plaintiff grounded on an alleged unlawful and negligent grading of the streets of Atlanta. The case was before us on demurrer to the declaration, and it was then held that the declaration was good, because the declaration alleged that the city was negligent in constructing the embankment where plaintiff’s horses ran away with the buggy and hurt him, in not providing it with necessary railings or other means of protection, and in not keeping the street in safe condition, and that such negligence was the…

2Cases cited1 opinion

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

3Cited by10 opinions

  1. Board of Commissioners v. SissonIndiana Court of Appeals · 1891
  2. Barnum v. MartinCourt of Appeals of Georgia · 1975
  3. Grimes v. Louisville, New Albany & Chicago Railway Co.Indiana Court of Appeals · 1892
  4. Sowles v. MooreSupreme Court of Vermont · 1893
  5. Morgan County v. GlassSupreme Court of Georgia · 1913

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