City of Atlanta v. Williams

Whitman, Judge.

This appeal is by the defendant below from an order denying defendant’s motion for new trial. Plaintiff sued to recover for property damage sustained when plaintiff’s car, being driven by his wife, struck a raised manhole in the street. The damage was allegedly caused by the defendant’s failure to repair a defective condition of the street, to wit, a dip and a protruding manhole cover, and in failing to warn motorists of such defective and dangerous condition. Held:

1. The first enumerated error is that the trial court erred in overruling defendant’s “motion for dismissal” at…