City Council of Augusta v. Hammock

This is the second appearance of this case in this court. When the case was here before upon exception by the plaintiff to the sustaining of the defendant’s general demurrer, this court held: “A petition alleging liability on the part of a municipality by reason of the falling from a tree of a dead limb, overhanging a sidewalk, which limb had been dead and in a dangerous condition for several months before the injury complained of, and alleging that the city knew of the condition of the limb or should have known of it by the exercise of ordinary care, stated a cause of action good as against…