Mayor of Macon v. Morris
Court of Appeals of Georgia
Action for damages; from city court of Macon — Judge Hodges. On March 4, 1910, certain contiguous suburbs of considerable area were annexed to the City of Macon, as a result of an election held under a special act of the General Assembly. In'this new territory were a number of highways which had been previously kept up by the county authorities; and one of these was known as Giles street.
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Action for damages; from city court of Macon — Judge Hodges. On March 4, 1910, certain contiguous suburbs of considerable area were annexed to the City of Macon, as a result of an election held under a special act of the General Assembly. In'this new territory were a number of highways which had been previously kept up by the county authorities; and one of these was known as Giles street. Early in the night of March 11, 1910, Mrs. Morris, the plaintiff, started to the home of her sister, who lived on Giles street. She had never previously been on the street. She left the street-car at a…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. If we had the power of a trial judge as to granting a new trial on the facts of a case, we would grant one in this case. If we had been on the jury we would not have found the city liable. There are in the record complete photographs of the scene of the injury, and when we look at them and see how little there was to attract any -immediate attention to the danger 'incident to the method in which this sewer had been located and constructed; when we consider what short time the city had for looking over its vast newly-acquired area and for discovering and…
2Cases cited3 opinions
- City of Columbus v. OgletreeSupreme Court of Georgia · 1897
- City of Columbus v. OgletreeSupreme Court of Georgia · 1895
- City of Richmond v. MasonSupreme Court of Virginia · 1909
3Cited by11 opinions
- Barnum v. MartinCourt of Appeals of Georgia · 1975
- City of Decatur v. GilliamSupreme Court of Alabama · 1931
- City of Atlanta v. FeeneyCourt of Appeals of Georgia · 1930
- City of Waycross v. HowardCourt of Appeals of Georgia · 1931
- Bush v. City of GainesvilleCourt of Appeals of Georgia · 1962
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