Stokes v. Tift
Supreme Court of Georgia
New trial. Roads and bridges. Damages. Negligence. Before Judge Crisp. Dougherty Superior Court. April Term, 1879. Stokes sued Tift for injuries resulting to him from the fall ing in of a toll-bridge belonging to defendant, while he was crossing it. Plaintiff claimed that the bridge was defective and dangerous, and that the defendant knew of the defect.
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New trial. Roads and bridges. Damages. Negligence. Before Judge Crisp. Dougherty Superior Court. April Term, 1879. Stokes sued Tift for injuries resulting to him from the fall ing in of a toll-bridge belonging to defendant, while he was crossing it. Plaintiff claimed that the bridge was defective and dangerous, and that the defendant knew of the defect. Defendant claimed that prior to the accident the bridge appeared to have settled a little on one side ; that he emetnployed competent laborers and had them to make snch repairs as seemed necessary, and that to all appearances the bridge was…
1Opinion of the Court
Jackson, Justice.
1. The case was for damage received by plaintiff in person in crossing a toll-bridge of defendant. The verdict is for defendant. The evidence is conflicting, but is sufficient to sustain the verdict.
2. The error of law complained of is that the court declined to charge the jury that “when there is a defect in a toll-bridge which is not open and exposed to all, and the proprietor of the bridge knows of the defect, and allows persons to cross on the bridge and takes toll for crossing, then the proprietor is liable for damages resulting from said defect.” We think that the…
2Cases cited1 opinion
- Tift v. TownsSupreme Court of Georgia · 1874
3Cited by1 opinion
- Buchanan v. Central RailroadSupreme Court of New Jersey · 1910