78 Ga. 779 | Ga. | 1887
The City of Atlanta brought suit against Faith to recover from him the amount of damages they were compelled to pay in a suit brought against them by one Matilda Dorsey, for injuries sustained by her in consequence of excavations made by him in one of the public streets of the city, adjacent to a building belonging to him, and negligently and carelessly left open by him. He had notice of this suit against the city, and appeared and testified therein at the instance of the' city. The verdict in the present action was in favor of the city for the amount of damages Matilda Dorsey had recovered against it in the former action, of which Faith had been notified, and in which he was required to appear and defend.
If, as cannot be questioned here, he had notice of the pendency of the suit against the city, and was requested to come forward and defend the same, the judgment of the injured party against the city would be conclusive between the city and him, as to the right of the party injured to recover, and as to the amount which might be recovered against him. He could only defend this suit by showing that he was under no obligation to keep that portion of the streets in safe condition, and that it .was not through his
Authorities cited for the plaintiff in error: 4 Carrington & Payne, 506; 74 Ga. 775, 469; 56 Ga. 540; 47 Ga. 540; 60 Ga. 550; 63 Ga. 685; 73 Ga. 85, 713; 71 Ga. 849; 25 Ga. 596; Code, §3248; 30 Ga. 323; 70 Ga. 449; 71 Ga. 464.
Judgment affirmed.