Cornelisen v. City of Atlanta
Court of Appeals of Georgia
Action for damages; from city court of Atlanta—Judge Eeid. January 16, 1915. This action was against the City of Atlanta and J. Billot jointly. It was dismissed as to the city, on general demurrer, and the plaintiff brought the case to the Court of Appeals on exceptions to that judgment.
Read the full summary
Action for damages; from city court of Atlanta—Judge Eeid. January 16, 1915. This action was against the City of Atlanta and J. Billot jointly. It was dismissed as to the city, on general demurrer, and the plaintiff brought the case to the Court of Appeals on exceptions to that judgment. Certified questions as to the law involved in the case were submitted by this court to the Supreme Court, and the answer of the latter court appears in 146 Ga. 416 (91 S. E. 415). The action was for damages on account of injuries received by the plaintiff on diving into a swimming and bathing place in a…
1Opinion of the CourtWade, C. J.
“Where a city maintains a park primarily for the use of the public, intended as a place of resort for pleasure and promotion of health of the public at large, its operation is in virtue of the governmental powers of the municipality, and no municipal liability would attach to the non-performance or improper performance of the duties of the officers, agents, or servants of the city in respect to keeping the park safe for use by members of the general public. It would not affect the public character of the duties of the officers, agents, or servants of the city that a purely incidental profit…
2Cases cited21 opinions
- Love v. City of AtlantaSupreme Court of Georgia · 1894
- Brown v. City of AtlantaSupreme Court of Georgia · 1880
- Cornelisen v. City of AtlantaSupreme Court of Georgia · 1917
- Monahan v. National Realty Co.Court of Appeals of Georgia · 1908
- Russell v. City of TacomaWashington Supreme Court · 1894
16 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hannon v. City of WaterburySupreme Court of Connecticut · 1927
- Caroway v. City of AtlantaCourt of Appeals of Georgia · 1952
- Nabell v. City of AtlantaCourt of Appeals of Georgia · 1925
- Jones v. City of AtlantaCourt of Appeals of Georgia · 1926
- Autrey v. City CouncilCourt of Appeals of Georgia · 1925
1 more not listed; retrieve them via the Exa API.