Mayor of Atlanta v. Perdue

Warner, Chief Justice.

This was an action brought by the plaintiff against the defendant to recover damages for injuries sustained in falling into an excavation made in the defendant’s sidewalk on Mitchell street, in the city of Atlanta, the same being one of the public streets in said city. On the trial of the case, the jury, under the charge of the court, found a verdict for the plaintiff for $725 00. A motion was made for a new trial, on the ground that the court erred in overruling the defendant’s motion for a non-suit, because the plaintiff had failed . to prove that the defendant had…