Mayor of Savannah v. Waldner
Supreme Court of Georgia
Municipal corporations. Streets. Damages. Expenses. Charge of Court. George "V. Waldner brought case against the Mayor and Aldermen of the City of Savannah for $16,000 00 damages, alleged to have been sustained by him by reason of the negligent conduct of the defendant in not keeping Whitaker street in good repair at its intersection with Hall street, and in leaving open a ditch or sewer across the street first aforesaid at said point of intersection, into which, on the…
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Municipal corporations. Streets. Damages. Expenses. Charge of Court. George "V. Waldner brought case against the Mayor and Aldermen of the City of Savannah for $16,000 00 damages, alleged to have been sustained by him by reason of the negligent conduct of the defendant in not keeping Whitaker street in good repair at its intersection with Hall street, and in leaving open a ditch or sewer across the street first aforesaid at said point of intersection, into which, on the night of December 5th, 1871, the plaintiff and his horse were precipitated, to his great damage. The defendant pleaded not…
1Opinion of the Court
Trippe, Judge.
1. The municipal authorities of the city of Savannah are by law vested with authority over the streets in the city, and with power to remove all nuisances, obstructions or erections, of any kind, along or upon any street, lane, way or place therein: New Code, section 4849. From this authority arises the obligation on them to keep the streets in a safe condition for public travel and use, and the consequent liability to a civil action by any person specially injured by neglect to discharge this specific duty: Dillon on Municipal Corporations, section 789. The same author, in his…
2Cases cited2 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Wendell v. Mayor of TroyNew York Supreme Court · 1862
3Cited by22 opinions
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Traders Insurance v. MannSupreme Court of Georgia · 1903
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- City Council of Augusta v. ClevelandSupreme Court of Georgia · 1919
- Mayor of Savannah v. JonesSupreme Court of Georgia · 1919
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