Legal Opinion

City of Rome v. Brooks

Court of Appeals of Georgia

Decided December 24, 1909No. 2174PublishedCited by 11 opinions

Action for damages; from city court of Eloyd county — Judge Hamilton. August 30, 1909.

1Opinion of the CourtRussell, J.

It is a jury question' as to what length of time a defect in a street must exist, to charge a municipality with knowledge of negligence. Enright v. Atlanta, 78 Ga. 289.

2. If a water-meter box upon a sidewalk is kept alternately in a safe- and in a dangerous condition for a considerable time, — such a length of time as that if the condition was dangerous all the time, notice of the defect could be presumed, — it would not be necessary for one injured by reason of such alternating danger to show notice or knowledge on the part of the municipality upon each recurrence of the danger; but if the…

2Cases cited1 opinion

  1. Chapman v. Mayor of MaconSupreme Court of Georgia · 1876

3Cited by11 opinions

  1. City of Barnesville v. SappingtonCourt of Appeals of Georgia · 1938
  2. City of Rome v. StoneCourt of Appeals of Georgia · 1933
  3. Joyce v. City of DaltonCourt of Appeals of Georgia · 1945
  4. City of Waycross v. HowardCourt of Appeals of Georgia · 1931
  5. City of Camilla v. MayCourt of Appeals of Georgia · 1943

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