The City Council Of Augusta v. Hafers

• Decision Date: 31 August 1877
• Citation: 59 Ga. 151
• Parties: The City Council of Augusta, plaintiff in error. v. Julia HafERS, by next friend, defendant in error.
• Court: Georgia Supreme Court

59 Ga. 151

The City Council of Augusta, plaintiff in error. v. Julia HafERS, by next friend, defendant in error.

Supreme Court of the State of Georgia

(August Term, 1877.)

Municipal corporations. Streets. Negligence. Charge of Court. Before Judge Gibson. Richmond Superior Court. April Term, 1877.

The case made by the plaintiff when the motion for a nonsuit was made is sufficiently stated in the first head-note.

The only evidence on the subject of any system adopted by defendant as to allowing cellars beneath its sidewalks, was that of John W. Meyer, who testified, in substance, as follows: Am mayor of the city of Augusta, and was at the time this suit was instituted. Have been a member of council for a long time, and served as chairman of the committee on streets and drains. Do not know the cellar, but presume it extended on the sidewalk. Council has allowed property owners to dig cellars along the sidewalk on Broad street; never knew of any one being refused. Cellars are allowed to be kept open in the daytime.

The errors mainly relied upon were the overruling of the motion for non-suit and the charge.

For the remaining facts, see the decision.

J. C. C. Black, for plaintiff in error.

H. Clay Foster; W. H. McLaws, for defendant.

WARNER, Chief Justice.

This was an action brought by the plaintiff against the defendant to recover damages for negligently allowing one *Golding, the owner of a lot on Broad street, in the city of Augusta, to dig and excavate along the sidewalk in front of said lot and the building thereon, an entrance to the cellar thereof, of the breadth of six feet, and the depth of ten feet, and to cover the same with doors, and afterwards, did allow and permit said Golding, as the occupant of said premises, to leave the doors covering the same open for long, unusual, and unnecessary periods of time, including day and night, to the imminent peril of passers along and over said thoroughfare and sidewalk, by reason whereof the plaintiff, in walking along said sidewalk, fell into said cellar, the doors of which had been negligently left open by the aforesaid occupant of the premises, and was seriously and painfully injured in and about her neck, face, and head, etc. On the trial of the case, the jury found a verdict in favor of the plaintiff for the sum of $375. The defendant made a motion for a new trial, on the grounds therein stated, which was overruled, and the defendant excepted. The court charged the jury, amongst other things, "that the...