Hardwick v. Figgers
Court of Appeals of Georgia
Action for damages; from city court of Savannah — Judge Freeman. July 10, 1920. The petition alleged that an employee of the defendant, hauling cotton with a vehicle of the defendant, allowed three bales to fall in the street; that the bagging of one of them was so torn as to show a white splotch, and formed such an object as naturally tended to frighten an ordinary roadworthy horse; that the plaintiff was driving along the right side of the street at a rate of speed of from…
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Action for damages; from city court of Savannah — Judge Freeman. July 10, 1920. The petition alleged that an employee of the defendant, hauling cotton with a vehicle of the defendant, allowed three bales to fall in the street; that the bagging of one of them was so torn as to show a white splotch, and formed such an object as naturally tended to frighten an ordinary roadworthy horse; that the plaintiff was driving along the right side of the street at a rate of speed of from six to eight miles an hour; that his horse was an ordinary roadworthy horse with normal proclivities, and that it…
1Opinion of the CourtJenkins, P. J.
1. The petition was not subject to general demurrer. Whether the defendant was negligent in permitting the bales of cotton to fall from the dray upon the city streets, whether he was negligent in permitting them to there remain for an undue and unreasonable length of time, and whether such bales of cotton, showing the white sample splotches when left at night in such an unusual place, were calculated to frighten an ordinary roadworthy horse, were questions of fact, which were properly left to the determination of the jury. In like manner, under the allegations of the petition, it was for the…
2Cases cited5 opinions
- Mayor of Macon v. DykesSupreme Court of Georgia · 1898
- Georgia Railway & Power Co. v. RyanCourt of Appeals of Georgia · 1919
- Central of Georgia Railway Co. v. HartleyCourt of Appeals of Georgia · 1920
- Fisher Motor Car Co. v. Seymour & AllenCourt of Appeals of Georgia · 1911
- Great Cosmopolitan Shows v. PettyCourt of Appeals of Georgia · 1909
3Cited by32 opinions
- Whatley v. HenryCourt of Appeals of Georgia · 1941
- Gillespie v. AndrewsCourt of Appeals of Georgia · 1921
- Martin v. HensonCourt of Appeals of Georgia · 1957
- Radcliffe v. MaddoxCourt of Appeals of Georgia · 1932
- Western & Atlantic Railroad v. MathisCourt of Appeals of Georgia · 1940
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