Samples v. City of Atlanta
Supreme Court of Georgia
Action for damages. Before Judge Van Epps. City-court of Atlanta. March term, 1894.
1Opinion of the Court
Lumpkin, Justice.
In the case of Bentley v. The City of Atlanta, 92 Ga. 623, this court held that although the McDaniel street bridge, which crosses over the tracks of the East Tennessee, Virginia & Georgia Railway Company, had been raised by the railway company, the duty of keeping this street free from a permanent or long-continued nuisance devolved primarily upon the municipal government, and that consequently the city was liable if, by the improper construction of that bridge, it.amounted to a public nuisance and was unsafe for general use.. In the case at bar, the plaintiff' was injured…
2Cases cited9 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Lowell v. Township of WatertownMichigan Supreme Court · 1885
- City of Emporia v. SchmidlingSupreme Court of Kansas · 1885
- Dempsey v. City of RomeSupreme Court of Georgia · 1894
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3Cited by33 opinions
- Carson v. City of GeneseeIdaho Supreme Court · 1903
- Steele v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
- Misenhamer v. PharrCourt of Appeals of Georgia · 1959
- Southern Railway Co. v. HoganSupreme Court of Georgia · 1908
- City of Columbus v. GriggsSupreme Court of Georgia · 1901
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