2 Ga. App. 378 | Ga. Ct. App. | 1907
The plaintiff obtained a verdict against the City of Americus on account of injuries received by her through her having fallen over a stump which she claimed was situated upon the sidewalk on the north side of Church street in that city. There-was sharp conflict in the testimony as to whether the stump was-' within or without the northern margin of the sidewalk, and also-as to whether the walk on the north side of the street was a sidewalk, in the sense of a walk used as a portion of a public street.
There being evidence tending to show that the stump was not on the land originally bought by the city for a street, and also a dispute as to whether the street had been widened by the donation of the abutting-land owner and acceptance by the city of an additional strip to be used for the sidewalk, both these questions should have been submitted to the jury. Judgment reversed.