Legal Opinion

City of Atlanta v. Due

Court of Appeals of Georgia

Decided February 20, 1931No. 20643, 20644PublishedCited by 15 opinions

1Opinion of the CourtBell, J.

(After stating the foregoing facts.) “The power granted by charter to a municipal corporation to raise or alter the grades of streets involves a legislative act.” Fuller v. City of Atlanta, 66 Ga. 80 (2). So, also, the municipal authorities are engaged in the performance of a governmental function in deter*802mining the size, number and location. of manholes, catch-basins, sewers, and the like, to be installed as a part of the drainage system of a city or of a given area thereof; and for mere negligence or errors committed by the officers in the exercise of such function the city is not liable.…

2Cases cited39 opinions

  1. Langley v. City CouncilSupreme Court of Georgia · 1903
  2. Pause v. City of AtlantaSupreme Court of Georgia · 1896
  3. Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
  4. City of Atlanta v. GreenSupreme Court of Georgia · 1881
  5. City Council of Augusta v. ClevelandSupreme Court of Georgia · 1919

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3Cited by15 opinions

  1. Town of Fort Oglethorpe v. PhillipsSupreme Court of Georgia · 1968
  2. Mayor &C. of Savannah v. PalmerioSupreme Court of Georgia · 1978
  3. Thrasher v. City of AtlantaSupreme Court of Georgia · 1934
  4. Lawrence v. City of LagrangeCourt of Appeals of Georgia · 1940
  5. Southland Coffee Co. v. City of MaconCourt of Appeals of Georgia · 1939

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