Kohn v. Lovett
Supreme Court of Georgia
Nuisance. Highways. Negligence. Before Judge Kirby. Eloyd Superior Court. July, 1870. Broad street and Green street, Rome Georgia, are parallel, and about one hundred and fifty or two hundred feet apart. Kohn owned a store fronting on Broad street and running back from seventy-five feet to one hundred feet. At its rear was an excavation, about ten feet deep and about the same width. It was made to light the cellar, and had been there many years, unguarded.
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Nuisance. Highways. Negligence. Before Judge Kirby. Eloyd Superior Court. July, 1870. Broad street and Green street, Rome Georgia, are parallel, and about one hundred and fifty or two hundred feet apart. Kohn owned a store fronting on Broad street and running back from seventy-five feet to one hundred feet. At its rear was an excavation, about ten feet deep and about the same width. It was made to light the cellar, and had been there many years, unguarded. It was covered only by a plank walk, as wide as the back door. For over a year the house and cellar had been in the possession of Kobn’s…
1Opinion of the Court
Lochrane, Chief Justice.
This Avas an action brought by Lovett, to recover damages from Kohn. The jury found for the plaintiff $2,000 00, and the Court overruled a motion made for a new trial upon several grounds in the case.
It appears that Kohn was the owner of a storehouse in the city of Rome, that in the rear of the house there Avas an excavation dug out to give light to the cellar, some six or seven feet wide, ten feet deep, and running back across the whole width of the house. Lovett, being aroused by an alarm of fire, went down to it in the house adjoining the store of Kohn, and going…
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