149 Ga. 567 | Ga. | 1919
An infant four years of age brought suit by next friend against a municipal corporation, for damages on account of personal injury. The petition as amended described the manner in which the injury 'occurred as follows: The county owned a square in the city, containing about one acre, bounded on all sides by streets about 40 feet in width. The county court-house stood in the center of the square, and there were steps extending from the first floor to the ground on the east and north sides of the court-house. Erom the foot of each of these sets of steps there were cement walks extending 20 feet to the streets on the east and north sides of the square. There was a path extending from the east walk above mentioned, through the square around the northeast corner of the court-house to the steps on the north side. This path had been used for more than twenty years by the public generally, including adults and children of tender years, such as the plaintiff, for a thoroughfare in going from one part of town to another, and the children had during all such time used that part of the square as a playground. The square around the courthouse had been turned over to the city by the county commissioners,
Judgment reversed.