Legal Opinion
Phillips v. Town of Fort Oglethorpe
Court of Appeals of Georgia
Decided June 7, 1968No. 43240PublishedCited by 7 opinions
1Opinion of the Court
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 (4) (54 SE 71); Mayor &c. *64of Milledgeville v. Holloway, 32 Ga. App. 734 (1) (124 SE 802); Mayor &c. of Macon v. Smith, 14 Ga. App. 703, 706 (82 SE 162); City of Waycross v. Howard, 42 Ga. App. 635 (157 SE2d 247). As against a general demurrer, and disregarding mere legal conclusions of the pleader, the real issue…
2Cases cited14 opinions
- Johnston v. City of East MolineIllinois Supreme Court · 1950
- Mayor of Savannah v. JonesSupreme Court of Georgia · 1919
- Stanley v. City of MacOnCourt of Appeals of Georgia · 1957
- Arthur v. City of AlbanyCourt of Appeals of Georgia · 1958
- City of Rome v. PottsCourt of Appeals of Georgia · 1932
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Town of Fort Oglethorpe v. PhillipsSupreme Court of Georgia · 1968
- Phillips v. Town of Fort OglethorpeCourt of Appeals of Georgia · 1969
- Keller v. City of ToccoaCourt of Appeals of Georgia · 1975
- Phillips v. Town of Fort OglethorpeCourt of Appeals of Georgia · 1968
- Sheley v. Board of Public EducationCourt of Appeals of Georgia · 1974
2 more not listed; retrieve them via the Exa API.