Legal Opinion

Tift v. Jones

Supreme Court of Georgia

Decided July 15, 1874PublishedCited by 27 opinions

Eoads and bridges. Evidence. Witness. Practice in the Superior Court. Before Judge Strozer. Dougherty Superior Court. April Term, 1874. Jones brought case against Tift for $50,000 00 damages, alleging that the defendant was the proprietor of a toll-bridge across the Flint river, at the city of Albany; that he kept it so negligently and carelessly that the plaintiff fell through the same a distance .of twenty-eight feet, and was thereby damaged in the sum aforesaid.

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Eoads and bridges. Evidence. Witness. Practice in the Superior Court. Before Judge Strozer. Dougherty Superior Court. April Term, 1874. Jones brought case against Tift for $50,000 00 damages, alleging that the defendant was the proprietor of a toll-bridge across the Flint river, at the city of Albany; that he kept it so negligently and carelessly that the plaintiff fell through the same a distance .of twenty-eight feet, and was thereby damaged in the sum aforesaid. The defendant pleaded that he was neither negligent or careless; that at the time the plaintiff was injured all crossing on the…

1Opinion of the Court

Trippe, Judge.

1. This case may be reduced to a very narrow compass, without going into all the learning growing out of the law as to the general obligations of the proprietor of a toll-bridge, whilst it is used as such, to the public or to passengers. It is unquestionably true that it is the duty of such a proprietor to keep his bridge in a safe condition. For a failure so to do, he would be responsible for any damage resulting therefrom to a passenger. To secure this condition of the bridge, repairs are necessary. To make these repairs, he has the right to take up any portion of the bridge…

2Cited by27 opinions

  1. Cone v. DavisCourt of Appeals of Georgia · 1941
  2. Massey v. StateSupreme Court of Georgia · 1965
  3. Stuart v. StateCourt of Appeals of Georgia · 1971
  4. Parham v. StateCourt of Appeals of Georgia · 1975
  5. Dickens v. AdamsCourt of Appeals of Georgia · 1976

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