Englander v. City of East Point

Bell, Chief Judge.

Plaintiff in his complaint alleged that the defendant city "negligently maintained a public street ... in that said street was a dead end street, with no signs and no barricade” and that as a result of the "improper maintainence” plaintiff drove his motorcycle off the end of the street damaging his vehicle. The trial court dismissed the complaint for failure to state a claim upon which relief may be granted. Held:

It is obvious that plaintiff bases his complaint against the city because of its failure to place signs or barricades on a dead end street which would warn an…