Dempsey v. City Of Rome
| Decision Date | 26 March 1894 |
| Citation | 94 Ga. 420,20 S.E. 335 |
| Parties | DEMPSEY. v. CITY OF ROME. |
| Court | Georgia Supreme Court |
Defective Sidewalk — Negligence of City — Question for Jury—Contributory Negligence.
1. The evidence showing that the plaintiff was injured at night by getting his foot fast in a hole which had existed for two weeks or longer in a plank crossing upon one of the most-frequented streets of the city, the plaintiff at the time using the crossing, as one of the public, for a footway in passing over it, the case was one for submission to the jury on the question of negligence by the city authorities in having and leaving the crossing in that condition.
2. The evidence further showing that the hole extended longitudinally along the crossing, and was about 10 or 15 inches long, 3 inches wide, and 2 or 3 inches deep, and that the plaintiff had observed it a week or two before he was injured, and that at the time he stepped into it he "had his hands in his pants pockets, was walking very peart, and want paying any attention, " it was a question for the jury whether, under these circumstances, he was negligent in not thinking of the defect in the crossing, looking out for it, and taking care for his own safety. It was error to grant a nonsuit
(Syllabus by the Court.)
Error from superior court, Floyd county; W. M. Henry, Judge.
Action by Richard Dempsey against the city of Rome. There was a judgment of nonsuit, and plaintiff brings error. Reversed.
Following is the official report:
Dempsey sued the city of Rome for dam ages from personal injuries. The nature of his action will appear from the report of the testimony. Upon the conclusion of the evidence for plaintiff the defendant moved for a nonsuit upon the grounds: There was noevidence showing the city had notice of the defect in the sidewalk, or was guilty of negligence causing the injury, and that the evidence showed that the plaintiff, by the exercise of ordinary care and diligence, could have avoided the injury. The nonsuit was granted. Plaintiff testified: About 7 or 8 o'clock on the night of December 13, 1891, while walking down Broad street, in Rome, his foot was caught in a hole in a plank crossing on the street and he was thrown violently to the ground, and badly hurt. He was with his wife, and perfectly sober. The plank crossing was a continuation of Broad street sidewalk, and crossed another street, the name of which he did not know, flat on the ground. It was just beyond a certain hotel. In coming down town this...
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