Cook & Coker v. City of Atlanta

Supreme Court of Georgia

Cook & Coker v. City of Atlanta

94 Ga. 613

CourtSupreme Court of Georgia

DecidedJune 30, 1894

StatusPublished

Cited by6 cases

This text of 94 Ga. 613 (Cook & Coker v. City of Atlanta) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cook & Coker v. City of Atlanta, 94 Ga. 613 (Ga. 1894).

Pincite

Opinion

A duly licensed plumber of the city dug a ditch on "Wheat street to make a sewer connection. The ditch extended from the south side of the street to a point about twelve inches from the railroad track which ran in the center of the street, and on the north side of the track to a point eight or nine feet from the sidewalk. The track was tunnelled under, the surface there being left undisturbed. Plaintiffs’ servant was driving two horses hitched to a carriage. "When he reached this place, he stopped the horses, raised himself up, looked forward at the street for a few moments, and then started his horses in a slow walk along the railroad track, the carriage wheels being inside of the rails. He seemed to have. the horses under control, and was driving cautiously. Had he driven on the north side of the street next to the sidewalk, over the portion not excavated, he would have had to drive over a bank of earth thrown out of the ditch, causing the carriage to lean three feet lower on one side than on the other. On one side of the excavation was a pile of earth, and on the other side a pile of paving-stones. It was a bright day, about one o’clock. As he drove along the railroad track between the excavations, one of the horses shied and threw himself and the other horse into the ditch on the north side of the track. Had there been guards or barriers strong enough around the excavation, the horses could not [614]*614have fallen in. The ditch into which they fell was dug on the previous day. The driver could have gone to his destination by other streets without much loss of time. There was nothing to give notice of the danger, except the excavations themselves and the piles of earth and stone. The horses died from the fall. Plaintiff's alleged that the city was negligent in suffering the excavations to be made without any guard or protection of any sort around them.

W. W. Haden, for plaintiffs. J. A. Anderson and Pulton Colville, for defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

A duly licensed plumber of the city dug a ditch on "Wheat street to make a sewer connection. The ditch extended from the south side of the street to a point about twelve inches from the railroad track which ran in the center of the street, and on the north side of the track to a point eight or nine feet from the sidewalk. The track was tunnelled under, the surface there being left undisturbed. Plaintiffs’ servant was driving two horses hitched to a carriage. "When he reached this place, he stopped the horses, raised himself up, looked forward at the street for a few moments, and then started his horses in a slow walk along the railroad track, the carriage wheels being inside of the rails. He seemed to have. the horses under control, and was driving cautiously. Had he driven on the north side of the street next to the sidewalk, over the portion not excavated, he would have had to drive over a bank of earth thrown out of the ditch, causing the carriage to lean three feet lower on one side than on the other. On one side of the excavation was a pile of earth, and on the other side a pile of paving-stones. It was a bright day, about one o’clock. As he drove along the railroad track between the excavations, one of the horses shied and threw himself and the other horse into the ditch on the north side of the track. Had there been guards or barriers strong enough around the excavation, the horses could not [614]*614have fallen in. The ditch into which they fell was dug on the previous day. The driver could have gone to his destination by other streets without much loss of time. There was nothing to give notice of the danger, except the excavations themselves and the piles of earth and stone. The horses died from the fall. Plaintiff's alleged that the city was negligent in suffering the excavations to be made without any guard or protection of any sort around them.

W. W. Haden, for plaintiffs. J. A. Anderson and Pulton Colville, for defendant.

Cite This Page — Counsel Stack

Bluebook (online)

94 Ga. 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-coker-v-city-of-atlanta-ga-1894.

Opinion

Related

Cite This Page — Counsel Stack