City of Atlanta v. Trussell
Court of Appeals of Georgia
Action for damages; from city court of Atlanta — Judge Reid. January SO, 1917. The plaintiff sought to recover damages from the City of Atlanta for the death of her husband.
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Action for damages; from city court of Atlanta — Judge Reid. January SO, 1917. The plaintiff sought to recover damages from the City of Atlanta for the death of her husband. She alleged in her petition,' that her husband was in the employment of the defendant, working on what was known as the Ormond-street sewer, then being constructed within the limits of said city; that said sewer was being constructed by the defendant under authority conferred by its charter, and when completed was designed to drain the surface-water from the streets of the city and also to drain such water and sewerage…
1Opinion of the CourtWade, C. J.
(After stating the foregoing facts.) We do not consider it necessary to refer to any of the special demurrers, as in our opinion none of them point out any such substantial defects as, required correction by amendment. It is enough to say that if the petition be good as against the general demurrer, it presents the plaintiff’s complaint with sufficient certainty and definiteness; for both the injury alleged and the negligence to which it is ascribed are so clearly indicated as to put the defendant on ample *343notice and enable it to anticipate the precise line of attack which the plaintiff must…
2Cases cited40 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Chenall v. Palmer Brick Co.Supreme Court of Georgia · 1903
- Love v. City of AtlantaSupreme Court of Georgia · 1894
- Cornelisen v. City of AtlantaSupreme Court of Georgia · 1917
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
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3Cited by16 opinions
- City of Atlanta v. DueCourt of Appeals of Georgia · 1931
- Wood v. Pynetree Paper Co.Court of Appeals of Georgia · 1922
- City of Atlanta v. RobertsonCourt of Appeals of Georgia · 1926
- International Cotton Mills v. CarrollCourt of Appeals of Georgia · 1918
- Wright v. City of RichmondCourt of Appeals of Virginia · 1926
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