Foster v. Mayor C. of Savannah

(After stating the foregoing facts.) The present action is based on alleged negligence of the city in failing to remove obstructions in its sewerage system, or in general terms, in failing to properly maintain its sewerage system, including the failure after notice to remove an obstruction in its sewer line which caused an overflow of water and sewage into plaintiffs’ store and damage to their goods and business as alleged. In an action in tort against a municipality based on negligence, a distinction is made as to liability, dependent on whether the tort arose from negligence in the exercise…