Castleberry v. City of Atlanta
Supreme Court of Georgia
Municipal Corporations. Streets and Sidewalks. Damages. Yerdict. Attorney and Client. Practice in Superior Court. Charge of Court. Before Judge Dorsey. City Court of Atlanta.
Read the full summary
Municipal Corporations. Streets and Sidewalks. Damages. Yerdict. Attorney and Client. Practice in Superior Court. Charge of Court. Before Judge Dorsey. City Court of Atlanta. December Term, 18S3. Castleberry brought suit against the city of Atlanta, alleging that the defendant had lowered the grade of Peters street in front of his property, and had dug down the sidewalk, leaving the foundations of plaintiff’s buildings exposed, making ingress and egress to and from the property more difficult, and injuring its value for rent, and damaging it; also killing his shade-trees. ITe laid his damages…
1Opinion of the Court
Jackson, Chief Justice.
This action was brought by Castleberry against the city, to recover for damage done his property by grading the sidewalk.
1. The first ground of error is, that the court, in its charge to the jury, made the whole case, — not damage to the shade-trees only, but to the whole property of the plaintiff in error, turn on the point of negligence in the work. If this were so, it would be clear error, but, on a careful examination of the whole charge, it is manifest that the judge confined the issue of negligence to the shade-trees. There is one paragraph of the charge, which,…
2Cited by12 opinions
- Ginn v. MorganSupreme Court of Georgia · 1969
- City of Atlanta v. HollidaySupreme Court of Georgia · 1895
- MacOn Coca-Cola Bottling Co. v. ChanceySupreme Court of Georgia · 1960
- Kearney v. StateSupreme Court of Georgia · 1897
- Webber v. Salt Lake CityUtah Supreme Court · 1911
7 more not listed; retrieve them via the Exa API.