Elbert County v. Smith

When the General Assembly creates a town and includes within the territorial limits a county bridge upon a street of the town, and gives to the town jurisdiction and control over its streets, the county can not be held liable for personal injuries thereafter caused by the defective construction of the bridge or failure to repair it. See Commissioners of Polk County v. Mayor &c. of Cedartown, 110 Ga. 824 (36 S. E. 50), where it was held: “The moment that the charter of the City of Cedartown was so amended as to embrace within the limits of that corporation that portion of the public road of…