Phillips v. Town of Fort Oglethorpe

118 Ga. App. 62 (1968)

162 S.E.2d 771

PHILLIPS, by Next Friend

v.

TOWN OF FORT OGLETHORPE et al.

43240.

Court of Appeals of Georgia.

Submitted January 5, 1968.

Decided June 7, 1968.

Rehearing Denied June 25, 1968.

Frank M. Gleason, for appellant.

John E. Wiggins, for appellees.

Henry L. Bowden, Martin McFarland, amicus curiae.

DEEN, Judge.

The duty imposed by Code § 69-303 on municipalities to keep the streets in a reasonably safe condition for travel is a ministerial or corporate function, a violation of which resulting in injury to the plaintiff is actionable. Herrington v. Mayor &c. of Macon, 125 Ga. 58…