Cedartown v. Freeman
Supreme Court of Georgia
Practice. Evidence. New trial. Streets. Before Judge Janes. Polk superior court. August adjourned term, 1891. Freeman sued the town, its mayor, council and recorder, for damages because of injuries to his wife, alleged to have been sustained by the giving way of a bridge over which he was driving, which bridge was alleged to have been upon a street of said town.
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Practice. Evidence. New trial. Streets. Before Judge Janes. Polk superior court. August adjourned term, 1891. Freeman sued the town, its mayor, council and recorder, for damages because of injuries to his wife, alleged to have been sustained by the giving way of a bridge over which he was driving, which bridge was alleged to have been upon a street of said town. He obtained a verdict for $1,000. A motion for a new trial was made, and was overruled upon condition that plaintiff would write off from the verdict and judgment $200, which was done. Defendant excepted. Upon the trial there was…
1Opinion of the Court
*452 Judgment affirmed.
The grounds for a new trial were: 1. Verdict contrary to law, evidence, etc. 2. Error in not sustaining defendant’s motion to dismiss the suit, on the ground that no cause of action was set out therein, there being no allegation setting out how and in what way plaintiff was damaged, and because the declaration failed to allege that defendant had notice of the defect in the bridge, or that it had existed a sufficient length of time to be constructive notice. The exceptions stated in the bill of exceptions are simply to the overruling of the motion for a new trial. 8. Newly…
2Cited by2 opinions
- Heery v. BurkhalterSupreme Court of Georgia · 1901
- Cleveland v. StateSupreme Court of Georgia · 1899