City of Atlanta v. Bellamy
Supreme Court of Georgia
New Trial. Municipal Corporations. Damages. Before Judge Clark. City Court of Atlanta. December Term, 1883. W. C. Bellamy brought case against the city of Atlanta for damages resulting from a fall, which he alleged occurred by reason of the defective condition of the paving on the sidewalk of one of defendant’s streets, negligently allowed to remain in that condition after notice and opportunity to repair.
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New Trial. Municipal Corporations. Damages. Before Judge Clark. City Court of Atlanta. December Term, 1883. W. C. Bellamy brought case against the city of Atlanta for damages resulting from a fall, which he alleged occurred by reason of the defective condition of the paving on the sidewalk of one of defendant’s streets, negligently allowed to remain in that condition after notice and opportunity to repair. On the trial, it was proved that plaintiff stepped into a depression or hole in the sidewalk, while passing along, about dusk in the evening, fell and was injured. The evidence as to…
1Opinion of the Court
Hall, Justice.
This is the first grant of a new trial in this case, which we think Avas hardly Avarranted by what is disclosed in the record. There was some evidence,, however, upon which the jury might have found differently, though its decided weight, as it appears to us, is in favor of the verdict. It is impossible to place ourselves in the position of the able and experienced judge who presided at the trial,’ and to have communicated tons Avhat occurrences, during its pro*422gress, may have influenced Ms action; doubtless he had what he deemed sufficient and satisfactory reasons for Ms course.…
2Cases cited1 opinion
- Johnson v. Franklin & WhitnkySupreme Court of Georgia · 1879
3Cited by5 opinions
- City of Brunswick v. GlogauerSupreme Court of Georgia · 1924
- City of Atlanta v. BrownSupreme Court of Georgia · 1885
- Coker v. City of RomeCourt of Appeals of Georgia · 1936
- City of Thomasville v. CampbellCourt of Appeals of Georgia · 1928
- McKay v. City of AtlantaCourt of Appeals of Georgia · 1950