Dempsey v. City of Rome

• Decision Date: 26 March 1894
• Citation: 20 S.E. 335,94 Ga. 420
• Parties: DEMPSEY v. CITY OF ROME.
• Court: Georgia Supreme Court

20 S.E. 335

94 Ga. 420

DEMPSEY v. CITY OF ROME.

Supreme Court of Georgia

March 26, 1894

Syllabus by the Court.

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 wan't 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.

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.

McHenry, Nunnally & Neel, for plaintiff in error.

R. A. Denny and Reece & Denny, for defendant in error.

PER CURIAM.

Judgment reversed.