Mayor of Savannah v. Jordan
Supreme Court of Georgia
Action for damages Before Judge Charlton. Chatham superior court. May 22, 1913. This action was brought against the City of Savannah by T. B. J ordan, who was an employee of the city engaged at the time of the injury in driving a street cart. It was alleged that he was engaged in duties under “the Street and Lane Department of the City/’ and that at the time of the injury he was “hauling the sweepings of the street.”
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Action for damages Before Judge Charlton. Chatham superior court. May 22, 1913. This action was brought against the City of Savannah by T. B. J ordan, who was an employee of the city engaged at the time of the injury in driving a street cart. It was alleged that he was engaged in duties under “the Street and Lane Department of the City/’ and that at the time of the injury he was “hauling the sweepings of the street.” While driving the cart he noticed that the axle was not exactly straight, and not being a mechanic, and knowing nothing about the durability of metals, he called the attention of…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) Exception is taken to the overruling of the demurrer to the petition as amended. The amendment sufficiently met the special demurrer. Is the petition 'as amended sufficient to withstand a general demurrer ? This depends on the answer to the question, whether the act of hauling the sweepings from the streets of Savannah by the use of a cart operated under the direction of the department of streets and lanes in that municipality was the exercise of a governmental function, or Was the exercise of a ministerial function. It seems to be well settled that where…
2Cases cited19 opinions
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Love v. City of AtlantaSupreme Court of Georgia · 1894
- Huey v. City of AtlantaCourt of Appeals of Georgia · 1911
- Hourigan v. City of NorwichSupreme Court of Connecticut · 1904
- Watson v. City of AtlantaSupreme Court of Georgia · 1911
14 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Cornelisen v. City of AtlantaSupreme Court of Georgia · 1917
- Ashbury v. City of NorfolkSupreme Court of Virginia · 1929
- Mayor of Savannah v. JonesSupreme Court of Georgia · 1919
- Hiers v. City of BarwickSupreme Court of Georgia · 1992
- Parker v. Travelers InsuranceSupreme Court of Georgia · 1932
44 more not listed; retrieve them via the Exa API.