Gilmer v. City of Atlanta
Supreme Court of Georgia
Municipal Corporations. Streets and Sidewalks. Evidence. Before Judge Marshall J. Clarke. Fulton Superior Court. March Term, 1886. On March 11, 1884, Mrs. Gilmer brought suit against the city of Atlanta to recover damages for a personal injury caused by falling over certain roots which projected across the sidewalk on one of the streets, and which were alleged to have been negligently left there by the city. On the trial, the jury found for the defendant.
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Municipal Corporations. Streets and Sidewalks. Evidence. Before Judge Marshall J. Clarke. Fulton Superior Court. March Term, 1886. On March 11, 1884, Mrs. Gilmer brought suit against the city of Atlanta to recover damages for a personal injury caused by falling over certain roots which projected across the sidewalk on one of the streets, and which were alleged to have been negligently left there by the city. On the trial, the jury found for the defendant. The plaintiff moved for a new trial, on the following among other grounds: (1 )-(2.) Because the verdict was contrary to law and evidence.…
1Opinion of the Court
Jackson, Chief Justice.
Mrs. Gilmer sued the city of Atlanta for damages incurred by reason of certain roots of a tree having been negligently left projecting above the sidewalk, in which, at night, her foot was caught and she was tripped up and fell, injuring herself badly thereby. The jury found against her, and on the denial .of a new trial, she excepted, and brought her case here.
1. We think her entitled to a new trial on the ground that evidence by another person, that he was tripped up and thrown down some days before by the same roots at the same place, was rejected. There are two lines…
2Cases cited6 opinions
- City of Chicago v. PowersIllinois Supreme Court · 1866
- House v. MetcalfSupreme Court of Connecticut · 1858
- Lewis v. SmithMassachusetts Supreme Judicial Court · 1871
- Calkins v. City of HartfordSupreme Court of Connecticut · 1865
- Hubbard v. And.Supreme Judicial Court of Maine · 1855
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3Cited by20 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Townsend v. StateCourt of Appeals of Georgia · 1972
- Dimambro Northend Associates v. WilliamsCourt of Appeals of Georgia · 1983
- Gunthorpe v. DanielsCourt of Appeals of Georgia · 1979
- City of Brunswick v. GlogauerSupreme Court of Georgia · 1924
15 more not listed; retrieve them via the Exa API.