Maddox & Rucker v. Cunningham
Supreme Court of Georgia
Jurors. Practice in Superior Court. Damages. Negligence. Nuisance. Streets. Before Judge HlLLYER. Fulton Superior Court.
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Jurors. Practice in Superior Court. Damages. Negligence. Nuisance. Streets. Before Judge HlLLYER. Fulton Superior Court. October Term, 1881. Emma L. Cunningham brought suit against Maddox & Rucker, alleging that they were warehousemen in the city of Atlanta, that they had caused cotton to be placed on the sidewalk in front of their warehouse in such a manner as to obstruct free passage along the walk, and almost to block it up; that the cotton was piled in heaps which overhung passers on the sidewalk; that while plaintiff was passing this place, one of these bales fell upon her and seriously…
1Opinion of the Court
Jackson, Chief Justice.
1. There can be no doubt that a special jury may be stricken from the panels of traverse jurors, and so it has been adjudicated by us before. 65 Ga., 678.
2. Even if it had not been so determined, and were not the law, we should rule that a party, after striking and trying the cause, would not be heard to object to the jury.
3. The rule of law is well settled, that sidewalks are for the use of the public, and must not be obstructed so as to deprive them of that use. In front of a store or warehouse they may be used temporarily so as to pass goods from delivery wagons into…
2Cases cited2 opinions
- Cronan v. Roberts & Co.Supreme Court of Georgia · 1880
- McDougald v. BellamySupreme Court of Georgia · 1855
3Cited by6 opinions
- Brooks v. City of AtlantaCourt of Appeals of Georgia · 1907
- Floyd v. City of AlbanyCourt of Appeals of Georgia · 1961
- Davis v. Buckeye Cotton Oil Co.Supreme Court of Georgia · 1915
- Transus, Inc. v. CrosbyCourt of Appeals of Georgia · 1990
- McAfee v. Atlantic Ice & Coal Corp.Court of Appeals of Georgia · 1920
1 more not listed; retrieve them via the Exa API.