City of Atlanta v. Robertson

This case is before this court upon exceptions by the defendant municipality to the judgment of the superior court overruling the defendant’s general demurrer to the plaintiff’s petition. The suit was for damages for personal injuries, and contained among others the following allegations: When the plaintiff was riding in an automobile along James street in Atlanta “the street and paving beneath said automobile suddenly and without any warning gave way and said automobile plunged nose first into a hole in said street, between fifteen and twenty feet deep,” with the result that the plaintiff…