Hubbard v. County of Fulton
Supreme Court of Georgia
Action for damages. Before Judge Bell. Fulton superior court. October IS, 1914. Error was assigned on a judgment sustaining a general demurrer to the petition, in an action by a pedestrian against a county for personal injuries received by falling into a drainway, the mouth of which was at the inner edge of a sidewalk which was constructed along a public road.
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Action for damages. Before Judge Bell. Fulton superior court. October IS, 1914. Error was assigned on a judgment sustaining a general demurrer to the petition, in an action by a pedestrian against a county for personal injuries received by falling into a drainway, the mouth of which was at the inner edge of a sidewalk which was constructed along a public road. The controlling question was as to the liability of the county for an injury resulting from the maintenance of the drainway at the place alleged, without providing a cover therefor or other safeguard to prevent injuries to persons…
1Opinion of the CourtAtkinson, J.
(After stating the foregoing facts.) The first count does not distinctly allege whether the so-called “bridge,” described as being 3% or 4 feet wide, constructed over the branch and extending the full width of the road, existed as a bridge or whether it was merely a part of the construction of the road intended for a culvert. If the former, it was converted into the latter by construction of the road-bed, and it was of that character at the time the plaintiff received his injury. In other words, if prior to the construction of the fill there was a road in the course of which was the “bridge”…
2Cases cited3 opinions
- Millwood v. DeKalb CountySupreme Court of Georgia · 1899
- Howington v. Madison CountySupreme Court of Georgia · 1906
- Parker v. Spalding CountySupreme Court of Georgia · 1910
3Cited by6 opinions
- Decatur County v. Praytor, Howton & Wood Contracting Co.Supreme Court of Georgia · 1927
- Purser v. Dodge CountySupreme Court of Georgia · 1939
- Floyd County v. StewartCourt of Appeals of Georgia · 1958
- Berrien County v. VickersCourt of Appeals of Georgia · 1946
- Montgomery County v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1930
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