City of Atlanta v. Guice

(After stating the foregoing facts.) Reluctant as we are to disagree with the learned judge of the trial bench, we are constrained to the view that the petition failed to set forth a cause of action. Assuming that the condition of the embankment as described in the petition was such as to imply negligence on the part of the city with respect to the safety of the sidewalk as a place of travel, our opinion is that under the allegations made, the act of one of the children in going upon the embankment and causing stones to cave off and strike the plaintiff’s son should be accounted as the…