Cook & Coker v. City of Atlanta

A duly licensed plumber of the city dug a ditch on "Wheat street to make a sewer connection. The ditch extended from the south side of the street to a point about twelve inches from the railroad track which ran in the center of the street, and on the north side of the track to a point eight or nine feet from the sidewalk. The track was tunnelled under, the surface there being left undisturbed. Plaintiffs’ servant was driving two horses hitched to a carriage. "When he reached this place, he stopped the horses, raised himself up, looked forward at the street for a few moments, and then started…