Bellamy v. City of Atlanta
Supreme Court of Georgia
Charge of Court. Municipal Corporations. Streets and. Sidewalks. Before J udge Clarke. City Court of Atlanta. March Term, 1885. Bellamy brought suit against the city of Atlanta to recover for an injury alleged to have been occasioned by his stepping into a hole or sunken place left open in the sidewalk. Under the charge of the court, the jury found for the defendant.
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Charge of Court. Municipal Corporations. Streets and. Sidewalks. Before J udge Clarke. City Court of Atlanta. March Term, 1885. Bellamy brought suit against the city of Atlanta to recover for an injury alleged to have been occasioned by his stepping into a hole or sunken place left open in the sidewalk. Under the charge of the court, the jury found for the defendant. The plaintiff moved for a new trial, on a number of grounds, most of them relating to rulings in regard to the admission and rejection of evidence. To understand the decision, it is necessary to set out only two grounds of the…
1Opinion of the Court
Blandeord, Justice.
The charge of the court in this case is open to several serious objections. In the first place, it is not a full and fair presentation of the law of the case. Truly *169it is argumentative and presents the law more favorable to the defendant than it was entitled to.
It is the duty of the city to keep its streets and sidewalks in a reasonably safe condition, so that persons can pass thereon in safety by day or night; and for neglect to do so, the city would be liable for injuries caused by such neglect. If the defect, as in this case, had existed some time, then the city is…
2Cited by11 opinions
- Idlett v. City of AtlantaSupreme Court of Georgia · 1905
- City of Barnesville v. SappingtonCourt of Appeals of Georgia · 1938
- Herrington v. Mayor of MaconSupreme Court of Georgia · 1906
- Western & Atlantic Railroad v. HetzelCourt of Appeals of Georgia · 1928
- Harrison v. LeagueCourt of Appeals of Georgia · 1956
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