City Council of Augusta v. Lombard

1. Wihen the question of the liability of a municipal corporation in an action for damages depended upon whether or not it had exercised reasonable care and diligence as to a particular matter connected with a business which the municipality was conducting for gain, and in which it was not exercising governmental functions, the fact that “in the opinion of the city officers” the proper diligence had been observed was not a good defense. Whether or not due diligence had been observed depended upon ithe facts as they existed, and not upon the views entertained of them by the municipal…