The City Of Augusta v. Hafers

• Decision Date: 31 August 1875
• Citation: 62 Ga. 48
• Parties: The City of Augusta. v. HafErs, by next friend.
• Court: Georgia Supreme Court

62 Ga. 48

The City of Augusta. v. HafErs, by next friend.

Supreme Court of the State of Georgia

(August Term, 1875.)

*Municipal corporations. Negligence. Roads and bridges. Evidence. Before Judge Gibson. Richmond Superior Court. April Term, 1878.

To the report contained in the decision, it is only necessary to add the following:

Defendant moved for a new trial on the following, among Other grounds:

1. Because the court charged the jury as follows: "If yon find the system of cellars with covered doors in the sidewalks, as adopted by defendant, to be reasonably safe and secure, it is then for you to ascertain whether the defendant was guilty of negligence in the use of the cellar by the occupant or owner thereof; and if you find that defendant has been guilty of negligence, you should give such damages as to fully compensate the plaintiff for all the injuries sustained."

2. Because the court, over objection of defendant's counsel, admitted the testimony of Dr. E. W. Harker, a witness for the plaintiff, that he load seen a child walk backwards and fallinto Dr. Campbell\'s cellar, and also that he had seen another such instance five or six years before.

The motion was overruled and defendant excepted.

Barnes & Cumming; J. C. C. Black, for plaintiff in error, cited 53 Ga., 607; 55 Ib., 566; 59 Ib., 151; Chapman v. Mayor, etc., of Macon (this term).

W. R. McLaws; H. Clay Foster, for defendant, cited 59 Ga., 151; 55 Ib., 566; 53 Ib., 608; 3 Am. L. T. R. (N. S.), 486; 39 N. Y., 58; 47 Ib., 639; 9 Ib., 456; 36 58; 2 Daly, 243; 8 Am. R., 204; 14 Ib., 452; 49 III, 476, 62 Ib., 28; Thompson on Highways, 309-310; 2 Dill. Mun, Corp., 780, 788-91, 796, 918; Wood on Nuisances, 254, 778, 275-6, 329-30; 9 Humphries, 760; 9 Heisk., 1; 18 How. Prac. R., 169; City Code of Augusta, 26; 4 Am. R., 196 (2); 2 Dillon on Mun. Corp., 521, 794; 30 Ga., 506, 512; 2 Douglass (Mich.), 522; 42 Me., 522; 2 Black, 418; 34 N Y., 50 179; *5 Dutcher (N. J.), 544; 4 Law & Eq., 179; 3 Strobhart (S. C), 425.

Warner, Chief Justice.

This was an action brought by the plaintiff against try defendant to recover damages for its alleged negligence to allowing one Goldsby, the owner of a lot on Broad street in the city of Augusta, to keep open a cellar door, whereby the plaintiff, in walking along the sidewalk on said street, fell into said cellar and was injured. On the trial of the case, the jury found a verdict in favor of the plaintiff for the sum of $500.00. A motion for a new trial was made on the grounds therein stated, which was overruled, and the defendant excepted.

1, 2. This is the second time this case has been before this court. According to the ruling of this court when it was here before, there were two questions to be submitted to the jury: First, was the system adopted by the defendant in regard to allowing cellars on its sidewalks, in front of the business houses thereon, reasonably calculated to insure the safety of those who travel on them either by day or night?. Second, was the defendant liable to the plaintiff for negligence in allowing the use of the cellar by the owner thereof, under the evidence in the case, according to the ruling of this court in Chapman v. The Mayor, etc., of Macon, 55 Ga. Rep., 566? See 59 Ib., 154. In the case of Chapman v. The Mayor, etc., of Macon, it was held that if the opening of the cellar door by the owner thereof, was a single act of negligence, the city would not be liable, because it would not be charged with knowledge, nor could notice in fifteen minutes be given to it, Rut...