Anglin v. City of Columbus
Supreme Court of Georgia
Action for damages. Before Judge Little. Muscogee superior court. March 24, 1906. This was an action by the plaintiff against a municipal corporation, for damages alleged to have resulted from the fall of a shed constructed over the sidewalk in front of the house and place of business of the plaintiff’s husband. A statement of facts will be found in the report of the case when it was before this court on another occasion.
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Action for damages. Before Judge Little. Muscogee superior court. March 24, 1906. This was an action by the plaintiff against a municipal corporation, for damages alleged to have resulted from the fall of a shed constructed over the sidewalk in front of the house and place of business of the plaintiff’s husband. A statement of facts will be found in the report of the case when it was before this court on another occasion. City of Columbus v. Anglin, 120 Ga. 785. On the last trial the jury returned a verdict for the plaintiff, for $100. A motion was made for a new trial upon the general…
1Opinion of the CourtAtkinson, J.
While, as a general rule, the question of damages is one for the jury, it does not follow that the court may not interfere where the damages are either so small or so excessive as to justify the inference of gross mistake or undue bias. Civil Code, §3803. By the verdict the jury has found that the plaintiff is entitled to recover on account of the defendant’s negligence. There was no evidence upon which the jury could have found that *471the plaintiff was guilty of contributory negligence. The evidence disclosed that the plaintiff’s husband had lived in the house to which the shed was attached, 8…
2Cases cited4 opinions
- Samples v. City of AtlantaSupreme Court of Georgia · 1894
- Idlett v. City of AtlantaSupreme Court of Georgia · 1905
- Flanders v. MeathSupreme Court of Georgia · 1859
- Potter v. SwindleSupreme Court of Georgia · 1887
3Cited by24 opinions
- Brown v. Service Coach Lines Inc.Court of Appeals of Georgia · 1944
- Brewer v. GittingsCourt of Appeals of Georgia · 1960
- Robinson v. Star Gas of Hawkinsville, Inc.Supreme Court of Georgia · 1998
- Tallent v. McKelveyCourt of Appeals of Georgia · 1962
- Shipley v. Virginian Ry. Co.West Virginia Supreme Court · 1920
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