95 Ga. 135 | Ga. | 1894
The facts are stated by the reporter. The law of this case is not very complicated. While, of course, in most American cities, water-plugs, telegraph and telephone poles, trees and other things are allowed upon
It appeared in this case that the obstruction over which the plaintiff fell had existed for a considerable time, and was located upon a portion of the sidewalk over which he had a right to walk. The evidence as to the dangerous character of the sidewalk was rather weak; so much so that we would very probably have set aside the verdict in the plaintiff’s favor, had it not been for the fact that the jury, at the request of the defendant, were permitted to personally inspect the obstruction and form their own opinion concerning it by ocular demonstration. "We are constrained to hold that they were better judges on the subject, after this opportunity of obtaining information, than we could possibly be from a mere paper report of the testimony introduced in the case. We will therefoi’e allow the verdict to stand.
Judgment affirmed. Cross-bill of exceptions dismissed.