Zettler v. The City Of Atlanta
| Decision Date | 30 September 1880 |
| Citation | 66 Ga. 195 |
| Parties | Zettler. vs. The City of Atlanta. |
| Court | Georgia Supreme Court |
Damages. Negligence. Municipal corporations. Roads and bridges. Non-suit. Before W. R. Hammond, Esq., Judge pro hac vice. Fulton Superior Court. March Term, 188o.
Reported in the decision.
Lanier & Anderson; Z. D. Harrison; S. N. Connally, for plaintiff in error.
W. T. Newman, for defendant.
Zettler, the plaintiff in error, whilst passing along the sidewalk on Washington street, in the city of Atlanta, at night, voluntarily left the same, and after having gone about eight feet therefrom, fell into an excavation ten or twelve feet deep, broke his leg, and then sued the city for $10,000.00 damages.
Upon the trial of the case, the testimony submitted by the plaintiff was, that the cellar into which he fell was on a vacant lot belonging to the second Baptist church, which lot is between the church and the residence of Mr. Werner, who was a member of the city council at the time of the accident.
The light from the street lamp threw a shadow of the church building on the vacant lot, so that the plaintiff could not see the excavation, which had existed there forsix months, and was known to the defendant. There was no fence protecting the same, but to reach it one would have to leave the sidewalk, which was in good condition and clearly lighted by the street lamp, and no person whilst passing along the sidewalk was in any danger of falling over into this excavation.
Upon this evidence the defendant moved a non-suit, which was granted by the court, and the plaintiff excepted.
It is insisted on the argument that the court committed error in not sending the case to the jury.
In our judgment, this depends upon whether the plaintiff, under the facts proven and the law applicable thereto, would be entitled to his damages.
A non-suit should always be awarded where the judge would set aside a verdict, if found for the plaintiff, for the want of sufficient evidence to support the same. In this case, then, should the city beheld liable to respond to the plaintiff in damages for the injury which he sustained? It is the duty of municipal corporations to keep their streets and sidewalks in such condition as would be reasonably calculated to insure the safety of those who travel thereon by day or by night. Wherever this has been done, and damage ensues without any fault on the part of the city authorities, then they cannot be held liable.
The rules of law on this subject seem to be well settled, both by the adjudicated case...
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...that the Queen girls were forced by any obstruction on City property to detour onto the railroad property, compare Zettler v. City of Atlanta, 66 Ga. 195, 196-197 (1880), or that the railroad tracks so closely adjoined the street that use of the street was thereby rendered unsafe and danger......
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Fletcher v. City of Ellsworth
...the fault or negligence of the city." See, also, McLaury v. City of McGregor, 54 Iowa 717; Moore v. Westervelt, 1 Bosw. 38; Zettler v. City of Atlanta, 66 Ga. 195; City of v. Hill, 102 Pa. 378; Fisher v. Cambridge, 57 Hun, 296; Harwood v. Inhabitants of Oakham, 125 Mass. 421, 425; Biggs v. ......
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Kelly v. Strouse
... ... The statement by ... Mr. Justice Crawford in Zettler v. City of Atlanta, ... 66 Ga. 195, that "a nonsuit should be awarded where the ... facts and ... ...
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Kelly v. Strouse
...155, 13 S. E. 315, is in conflict with the earlier rulings, and must yield to them. The statement by Mr. Justice Crawford in Zettler v. City of Atlanta, 66 Ga. 195, that "a nonsuit should be awarded where the facts and law will not justify a verdict, " though a i sound proposition under the......