Legal Opinion
Davis v. City of Atlanta
Court of Appeals of Georgia
Decided July 16, 1951No. 33611, 33612PublishedCited by 9 opinions
1Opinion of the CourtTownsend, J.
(After stating the foregoing facts.) Where a city, under charter authority, maintains a park primarily as a source of revenue, the duty of maintaining it in a safe condition is ministerial rather than governmental, and the municipality is liable for the breach of such duty. Cornelisen v. City of Atlanta, 146 Ga. 416 (91 S. E. 415). Whether or not the City of Atlanta, the owner-lessor here, and the Southeastern Fair Association, the lessee and sublessor, are jointly liable with the concessionaire for injuries sustained by a patron of the amusement park while riding on an amusement device owned…
2Cases cited21 opinions
- Fulton Ice & Coal Co. v. PeceCourt of Appeals of Georgia · 1923
- Moone v. SmithCourt of Appeals of Georgia · 1909
- Cornelisen v. City of AtlantaSupreme Court of Georgia · 1917
- Coffer v. BradshawCourt of Appeals of Georgia · 1932
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Aaser v. City of CharlotteSupreme Court of North Carolina · 1965
- Caroway v. City of AtlantaCourt of Appeals of Georgia · 1952
- Dockery Ex Rel. Pullen v. World of Mirth Shows, Inc.Supreme Court of North Carolina · 1965
- Johnson v. John Deere Plow Co.Supreme Court of Georgia · 1959
- Leonard v. FULTON NATL. BANK OF ATLANTACourt of Appeals of Georgia · 1952
4 more not listed; retrieve them via the Exa API.