Barrett v. Mayor of Savannah

1. Under the ruling of this court when this case was here before (9 Ga. App. 642, 72 S. E. 49), two questions were left to be determined by the jury: (1) whether it was negligence upon the part of the municipality to leave the excavation upon its street unprotected by guard-rails or other device; and (2) whether this negligence (if the jury found that the excavation was such as required protection) was a concurrent cause of the injury. Both of these questions were fairly submitted by the trial judge to the jury. While, in our opinion, the evidence strongly preponderates in favor of a finding…