City of Columbus v. Sims

• Decision Date: 09 April 1894
• Citation: 20 S.E. 332,94 Ga. 483
• Parties: CITY OF COLUMBUS v. SIMS
• Court: Georgia Supreme Court

20 S.E. 332

94 Ga. 483

CITY OF COLUMBUS v. SIMS

Supreme Court of Georgia

April 9, 1894

Syllabus by the Court.

1. A city which is under no statutory obligation to light its streets is not, as matter of law, bound, when lighting them voluntarily, to do it in such a manner as to enable persons using them to see any obstruction that the city may have placed in the street, irrespective of whether the obstruction, such as a water plug, was a reasonable and proper one or not.

2. Taking the whole charge of the court together, it was free from substantial error, save in that part of it which related to lighting the streets.

Error from superior court, Muscogee county; W. B. Butt, Judge.

Action by J. H. Sims against the city of Columbus. There was a judgment for plaintiff, and defendant brings error. Reversed.

Worrill & Little, for plaintiff in error.

McNeill & Levy, for defendant in error.

PER CURIAM.

Judgment reversed.