118 Ga. 522 | Ga. | 1903
Grant sued Wilkins, in the city court of Atlanta, for damages to a building owned by the former. Pending the action Grant died, and his executors were made parties plaintiff to •the suit. Wilkins was an independent contractor, engaged in the construction of a building on property adjoining that of Grant, and ■in laying the foundations for the building he caused a ditch several feet deep and several feet wide to be dug alongside .and near the wall of Grant’s building. It was alleged in the petition that this ■ditch was dug in a negligent manner, and that proper support was not given to the adjacent land so as to support Grant’s wall, as a xesult of which the wall of Grant’s building on the side nearest the excavations gave way, and he sustained damages in the sum sued for. It was also alleged that the defendant was negligent in failing to give the plaintiff notice of his intention to make the excavations, so as to give him an opportunity to protect the walls of his building. The defendant in his answer denied all, the allegations of negligence in the petition, averred that the plaintiff had ample notice of the intention to make the excavations, and set up that the collapse of the plaintiff’s wall was due to its inherent weakness and defective construction. The amount sued for was $3,000. The jury found for the plaintiff $1,000: the defendant made a motion for a new trial, which was overruled, and he excepted.
On all the disputéd issues of fact the evidence was conflicting, but was ample to support the finding of the jury. In several grounds of the motion for a new trial complaint is made that the verdict was contrary to specified portions of the charge of the court. As has been repeatedly ruled by this court, such assignments of error will be treated merely as general complaints that the verdict is contrary to law. Pomeroy v. Gershon, ante, 521. Practically the only point made by the motion that need be considered here is that made in several different grounds, to the effect
A cross-bill of exceptions was filed by the plaintiff to certain rulings of the court on the trial; but as the judgment on the main bill is affirmed, the writ of error on the cross-bill will be dismissed.
Judgment on main bill of exceffiions affirmed; cross-bill dismissed.