88 Ga. 21 | Ga. | 1891
Judgment affirmed.
Mrs. Martin sued the city for damages from personal injuries sustained by her, alleged to have been caused by the negligence of the city in failing to keep in repair a sidewalk on Luckie street. Her husband also sued the city for loss of services, expenses for medicine, medicinal attention, etc., growing out of the injuries. By consent of parties the cases were consolidated. A verdict was rendered in favor of the plaintiffs for $1,000. Defendant moved for a new trial, which motion was overruled. The grounds of the motion were, that the verdict was contrary to law and evidence, and contrary to the charge of the court on the subject of plaintiffs’ right of recovery being defeated if Mrs. Martin could have avoided the injury by the exercise of ordinary diligence on her part; and that if under the facts there ought to have been any recovery, the verdict was excessive because, according to the testimony - of plaintiffs as to their knowledge of the defective condition of the sidewalk, and as to their neglect and delay in calling a physician to treat the injuries, and the medical testimony as to the effects of this delay in securing proper medicinal treatment promptly, the damages should have been apportioned according-to law and tbe charge of the court on that subject, and when so apportioned the amount of the verdict could not in justice and good conscience have been awarded to plaintiffs, under the facts.
The testimony was to this effect: On the night of March 15, 1888, Mrs. Martin went with her husband to the corner of Luckie and Hunnicutt streets, where there was a church. Her husband went into the church, and she started to the parsonage behind it. On her way there the sidewalk gave way or crumbled off, and she fell in a ditch between the sidewalk and the street.
cited Field Dam. 130; 10 Mich. 460; 32 Iowa, 329; 40 Iowa, 638; 51 Me. 439; 94 Ill. 448; 53 Ill. 447.
cited Code, §§3067, 2947; 78 Ga. 756; 77 Ga. 578; 71 Ga. 422; 70 Ga. 122.