Evans County v. McDonald

Evans, Judge.

On May 15, 1971, Mrs. Joann Deborah McDonald was driving a Ford automobile on Main Street in the City of Claxton, Georgia. A large rotten tree limb, extending over the street from where the tree was growing between the sidewalk and the roadway, fell on her, causing personal injuries. After due notice to the City of Claxton, Mrs. McDonald and her husband brought suit for damages arising out of the personal injury to Mrs. McDonald.

On April 16, 1974, plaintiffs moved to make Evans County a party defendant, alleging the street where the injury occurred is a state-aid road. The court…