Herrington v. Mayor of Macon
Supreme Court of Georgia
Action for damages. Before Judge Hodges. City court of Macon. December 31, 1904. J. B. Herrington, by his next friend, brought suit against the-Mayor and Council of the City of Macon, seeking to recover on account of an injury alleged to have been sustained by him while-walking on a sidewalk of a public street of Macon, by falling into-a deep ditch or excavation across the sidewalk, which was left without being fenced or having other protection placed to prevent…
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Action for damages. Before Judge Hodges. City court of Macon. December 31, 1904. J. B. Herrington, by his next friend, brought suit against the-Mayor and Council of the City of Macon, seeking to recover on account of an injury alleged to have been sustained by him while-walking on a sidewalk of a public street of Macon, by falling into-a deep ditch or excavation across the sidewalk, which was left without being fenced or having other protection placed to prevent people-passing from falling into it. He recovered a verdict for $2,500. A motion for a new trial was made by the defendant, which…
1Opinion of the CourtLumrkin, J.
(After stating the foregoing facts.)
1-3. Our excellent brother of the city court of Macon, who tried this ‘case, apparently thought that he had erred, and granted a new trial. This court is urged to declare that he erred in so thinking. But we can not do it.
In several parts of his charge the court compared the conduct of *60the plaintiff with that of the average child of its age. If a child of four and a half years of age was capable of being guilty of contributory negligence, this was not a correct statement of the rule. Due care in a child of tender years is such care as its capacity, mental…
2Cases cited12 opinions
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- City of Chicago v. KeefeIllinois Supreme Court · 1885
- The Steamboat Clipper v. LoganOhio Supreme Court · 1849
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3Cited by16 opinions
- McCrory Stores Corporation v. AhernCourt of Appeals of Georgia · 1941
- City of Brunswick v. GlogauerSupreme Court of Georgia · 1924
- Williams v. JonesCourt of Appeals of Georgia · 1921
- Seymour v. City of ElbertonCourt of Appeals of Georgia · 1942
- Fallaw v. HobbsCourt of Appeals of Georgia · 1966
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