City of Rome v. Phillips

1. In a suit for damages against a city, in which recovery depended upon the establishment of negligence on the part of the city in maintaining a certain line of water (or gas) pipe in an improper position in one of its streets, where it appeared that the pipe, which •was about an inch in diameter and extended longitudinally with the *300street near the center thereof, was so exposed as to leave a space of from one to two inches between it and the surface of the street, and that this condition of the pipe had been caused by the act of the city in uncovering it while grading the street, and that…