City of Atlanta v. Rich

This is an action for damages in the civil court of Fulton County growing out of the breaking of a tombstone in Oakland Cemetery. The judge, sitting without a jury, under an agreed statement of facts, ordered a recovery by the plaintiff of $65 and costs. The defendant’s motion for new trial was overruled and it excepted. The appellate division of said court affirmed the judgment and the defendant excepted.

The agreed statement of facts was in effect as follows: The City of Atlanta obtained title to Oakland Cemetery, which consists of a tract of land lying within the territorial limits of the…