Insurance Co. of North America v. City of Dalton

Clark, Judge.

This is the second time this case comes before this court. The prior appeal is reported as Berry v. Cordell, 120 Ga. App. 844 (172 SE2d 848). A better understanding of this case can be obtained by quoting the facts as summarized in the previous opinion: "The Water, Light and Sinking Fund Commission is an agency of the City of Dalton which operates a natural gas, water, sewer and electric utility system. On the morning of December 7, 1967, signs of a leaking water pipe had been spotted in one of the streets. The city dispatched a crew of three men to investigate. This crew usually…