Haygood v. City of Marietta

Felton, Chief Judge.

We think the petition set forth a cause of action against a general demurrer. Kesot v. City of Dalton, 94 Ga. App. 194 (94 SE2d 90), cited by the city, dealt with evidence, not pleading. The petition in this case alleges that the dirt strip on Which the mailbox is located was owned and operated by the city as a part of a public thoroughfare at the time of plaintiff's alleged injuries. This is an allegation of fact. It was not necessary for the plaintiff to allege how the city acquired title or ownership. The allegations are sufficient to charge the city with the duty to…