Southern Bell Telephone & Telegraph Co. v. Jordan
Supreme Court of Georgia
Continuance. Amendment. Allegata et probata. Witness. Damages. Charge of court. Verdict. Before Judge Van Epps. City court of Atlanta. September term, 1890. On September 24, 1889, Jordan sued for damages because of the falling of a telephone pole upon him, alleged to have been so decayed as to have become exceedingly dangerous, which condition was known to the defendant or should have been known.
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Continuance. Amendment. Allegata et probata. Witness. Damages. Charge of court. Verdict. Before Judge Van Epps. City court of Atlanta. September term, 1890. On September 24, 1889, Jordan sued for damages because of the falling of a telephone pole upon him, alleged to have been so decayed as to have become exceedingly dangerous, which condition was known to the defendant or should have been known. The declaration farther alleged that the pole struck the plaintiff on the left shoulder and collar-bone, breaking the bones thereof and throwing him upon a rock pavement, his right temple and eheek…
1Opinion of the Court
Simmons, Justice.
1. The 1st ground insisted on in the motion for a new trial in this case for a reversal of the court below is, that the coui't erred in refusing to continue the case after the plaintiff filed the amendment set out in the record. The record shows that a copy of the amendment was served on the defendant’s counsel in December, 1889, but the original was not filed in office until October 27th, 1890, and that the trial was had on October 30th, 1890. Defendant’s counsel stated in his place that “he was surprised by such amendment; that he was less pi'epared for trial thereby, by…
2Cases cited1 opinion
- Wilson v. StateSupreme Court of Georgia · 1881
3Cited by15 opinions
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- Flanagan v. StateSupreme Court of Georgia · 1898
- Kimball v. StateCourt of Appeals of Georgia · 1940
- Stewart v. EllisSupreme Court of Georgia · 1908
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