Supreme Court of Georgia, 1900

Shiflett v. City of Cedartown

Shiflett v. City of Cedartown
Supreme Court of Georgia · Decided May 12, 1900 · Little
111 Ga. 834; 36 S.E. 221; 1900 Ga. LEXIS 787

Shiflett v. City of Cedartown

Opinion of the Court

Little, J.

There being testimony warranting a finding that the municipal authorities had negligently left in one of the principal streets of the city a dangerous hole, and it being, under the evidence introduced by the plaintiff, who fell therein and was injured, a question of fact whether, *835under all of the existing circumstances, he exercised due diligence in endeavoring to avoid the fall, the case should have been submitted to a jury and not disposed of by the grant of a nonsuit.

Argued April 27, —Decided May 12, 1900.Action for damages. Before Judge Janes. Polk superior court. August term, 1899.Fielder & Mundy, for plaintiff. Sanders & Davis, for defendant.

Judgment reversed.

All the Justices concurring, except Fish, J., absent.

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