115 Ga. 853 | Ga. | 1902
Suit was brought by Ivester against the City of Atlanta, for damages on account of personal injuries alleged to have been occasioned him by the negligence of the municipal authorities. The .allegations on which he predicated his action were, in substance, that on a certain night he walked on Gullatt street until it intersected with Glenwood avenue, when he discovered that-beyond the intersection the roadway of Gullatt street was in an unfinished condition, and that there was no paved sidewalk; that-at the point of intersection there was a path, much used by pedestrians, running for a short distance along the line of Gullatt street- and then diagonally across an uninclosed lot to Cherokee avenue that, being unacquainted with the locality and supposing the path was the sidewalk used by pedestrians in passing, he stepped into-the path and continued on his way; that in a few moments, on account of the darkness, he lost the pathway and in endeavoring’ to regain Gullatt street went in an opposite direction and unintentionally fell into an excavation made by the city in grading Cherokee avenue; that at the point where he fell Cherokee avenue had been graded six to nine feet below the level of the lot from which he fell, and there was no light at the intersection of Gullatt street and Glenwood avenue, and no light, barricade, or railing at the point at which he fell. He alleged that the city authorities were negligent in so constructing the street and failing to safeguard the public against its dangers; in leaving the excavation unprotected by railing or barricade; in failing to light the street so that persons-approaching might see the danger and avoid it; and in not taking measures to warn the public of such danger. Counsel for the city demurred to the declaration, on the ground that it showed no negligence on the part of the city and set out no cause of action against the city. The demurrer was sustained, and the plaintiff excepted.
Under the facts alleged in the declaration there was no error in sustaining the demurrer. Whilst a municipality is bound to keep its streets and sidewalks in such condition as to allow vehicles and foot-passengers to pass over safely, there is no duty resting upon it to maintain lights, erect railings, or use other precautions to prevent persons from stepping off of a private lot into a graded street at a point at which it could not be reasonably anticipated that any one would attempt to descend. Plaintiff in error undertook to follow a path over an uninclosed private lot. The path had been used by
Judgment affirmed.