City of Atlanta v. Garner
Court of Appeals of Georgia
1Opinion of the CourtSutton, J.
1. “Municipal corporations shall not be liable for failure to perforin, or for errors in performing, their legislative or judicial powers. Eor neglect to perform, or for improper or unskillful performance of their ministerial duties, they shall be liable.” Code, § 69-301. This section has been construed as intending to declare that municipal liability should attach only for neglect to perform, or for improper or unskillful performance, of ministerial duties, leaving intact “the common-law doctrine, frequently applied in this State before and since the adoption of the Code, of non-liability…
2Cases cited9 opinions
- Cornelisen v. City of AtlantaSupreme Court of Georgia · 1917
- Watson v. City of AtlantaSupreme Court of Georgia · 1911
- Petty v. City of AtlantaCourt of Appeals of Georgia · 1929
- Mayor of Savannah v. LyonsCourt of Appeals of Georgia · 1936
- Miller v. City of MaconSupreme Court of Georgia · 1920
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3Cited by3 opinions
- Caroway v. City of AtlantaCourt of Appeals of Georgia · 1952
- Wold v. City of PortlandOregon Supreme Court · 1941
- Smith v. Board of Education of the City of MariettaCourt of Appeals of Georgia · 1969