Legal Opinion

City of Albany v. Brown

Court of Appeals of Georgia

Decided March 16, 1916No. 6655PublishedCited by 20 opinions

Action for damages; from city court of Albany — Judge Clayton Jones. May 15, 1915. The action was against the City of Albany and the Albany Transit Company.

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Action for damages; from city court of Albany — Judge Clayton Jones. May 15, 1915. The action was against the City of Albany and the Albany Transit Company. The petition as amended alleged, in substance, that on January 14,1914, about the hour of 6:15 p. m., petitioner’s automobile was being driven by his chauffeur south along the west side of a public street of the City of Albany, known as Monroe street, at a point near an alley which runs east and west between North and Mint streets. At that point the city had dug large holes in the street for the purpose of putting in manholes or…

1Opinion of the CourtBroyles, J.

1. The allegations of the petition as amended clearly show the proximate cause of the damage to the plaintiff’s automobile to have been the negligence of the motorman of the street-railway company in continuing to run his car at a rapid rate of speed after he saw the perilous position of the automobile upon the street-ear tracks, when it was about ninety feet distant from the street-ear, and in making no effort to put on his brakes or otherwise to stop the street-car, and in running upon and striking the automobile. The alleged negligence of the City of Albany in leaving in the street, near…

2Cases cited13 opinions

  1. Brown v. City of AtlantaSupreme Court of Georgia · 1880
  2. Mayor of Macon v. DykesSupreme Court of Georgia · 1898
  3. Atlantic Coast Line Railroad v. DanielsCourt of Appeals of Georgia · 1911
  4. Holliday v. Mayor of AthensCourt of Appeals of Georgia · 1912
  5. Eining v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1909

8 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Scearce v. Mayor of GainesyilleCourt of Appeals of Georgia · 1925
  2. Standard Oil Company v. HarrisCourt of Appeals of Georgia · 1969
  3. Cain v. Georgia Power Co.Court of Appeals of Georgia · 1936
  4. Bulloch County Hospital Authority v. FowlerCourt of Appeals of Georgia · 1971
  5. McGinnis v. ShawCourt of Appeals of Georgia · 1933

15 more not listed; retrieve them via the Exa API.

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