Browning v. Village of Cave Spring
Court of Appeals of Georgia
Action for damages; from city court of Floyd county — Judge Hamilton. December 13, 1909. Mrs. Browning sued the Village of Cave Spring for personal injuries, which she alleged were caused by the defendant’s negligence in failing to have guard-rails along the- side of a bridge from which she stopped and fell. At the trial she testified, that the bridge was in a street of the village and crossed a creek.
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Action for damages; from city court of Floyd county — Judge Hamilton. December 13, 1909. Mrs. Browning sued the Village of Cave Spring for personal injuries, which she alleged were caused by the defendant’s negligence in failing to have guard-rails along the- side of a bridge from which she stopped and fell. At the trial she testified, that the bridge was in a street of the village and crossed a creek. The part that crossed the creek had guard-rails, but the approaches had no rail or other protection at the sides. The width was about eight feet. The approaches were about twenty or thirty feet…
1Opinion of the CourtRussell, J.
It is so apparent, from the testimony of the plaintiff, that her injury could, have been prevented by the exercise of ordinary care on her part, that the grant of a nonsuit was not error. The plaintiff’s full knowledge of the nature and condition of the footbridge only increased the obligation upon her part to observe due caution. The case is controlled by the ruling in Southern Railway Co. v. Rowe, 2 Ga. App. 558 (3, 4), 563 (59 S. E. 462). Judgment affirmed.
At the conclusion of the plaintiff’s evidence, counsel for the defendant moved for a nonsuit, on the grounds, that the municipality was…
2Cases cited16 opinions
- Samples v. City of AtlantaSupreme Court of Georgia · 1894
- Georgia Southern & Florida Railway Co. v. CartledgeSupreme Court of Georgia · 1902
- Louisville & Nashville Railroad Co. v. BarnwellSupreme Court of Georgia · 1909
- City Council of Augusta v. HudsonSupreme Court of Georgia · 1894
- City of Atlanta v. WilsonSupreme Court of Georgia · 1877
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3Cited by3 opinions
- Auerbach v. PadgettCourt of Appeals of Georgia · 1970
- City of Macon v. StevensCourt of Appeals of Georgia · 1930
- City of Macon v. JonesCourt of Appeals of Georgia · 1927