Legal Opinion

Lundy v. City Council of Augusta

Court of Appeals of Georgia

Decided August 17, 1935No. 24558PublishedCited by 9 opinions

1Opinion of the CourtJenkins, P. J.

While it is the duty of a city "to keep its streets and sidewalks in a safe condition for travel in the ordinary modes, by night as well as by day, and if it fail to do so, it is liable for damages for injuries sustained in consequence of such failure” (Mayor &c. of Atlanta v. Perdue, 53 Ga. 607, 608; Butler v. Atlanta, 47 Ga. App. 341, 343, 170 S. E. 539), the laying out and construction of city streets is a governmental function, and a city will not be liable for an injury, upon the theory merely that it had constructed and was maintaining a dangerous intersection at a place where one…

2Cases cited13 opinions

  1. Langley v. City CouncilSupreme Court of Georgia · 1903
  2. Mayor of Savannah v. JonesSupreme Court of Georgia · 1919
  3. Mayor of Atlanta v. PerdueSupreme Court of Georgia · 1875
  4. Town of Poulan v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1905
  5. Harrison Co. v. City of AtlantaCourt of Appeals of Georgia · 1921

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. City of Barnesville v. SappingtonCourt of Appeals of Georgia · 1938
  2. Tamas v. Columbus, GeorgiaSupreme Court of Georgia · 1979
  3. City of Miami v. SaundersSupreme Court of Florida · 1942
  4. Brown v. Atlanta Gas Light Co.Court of Appeals of Georgia · 1957
  5. Englander v. City of East PointCourt of Appeals of Georgia · 1975

4 more not listed; retrieve them via the Exa API.

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