Legal Opinion

Banks v. City of Albany

Court of Appeals of Georgia

Decided March 2, 1951No. 33359PublishedCited by 8 opinions

1Opinion of the CourtSutton, C. J.

(After stating the foregoing facts.) It is well settled law in this State that a municipal corporation is not liable for the negligence of its officers and employees when acting in a governmental function. Code, §§ 69-301 and 69-307; Davis v. City of Rome, 23 Ga. App. 188 (3) (98 S. E. 231); Clay v. City of Rome, 74 Ga. App. 754 (41 S. E. 2d, 337). The operation or maintenance of a fire department by a municipal corporation is a governmental function. It was held in Wright v. City Council of Augusta, 78 Ga. 241: “A municipal corporation is not liable to an action for damages resulting from…

2Cases cited7 opinions

  1. Watson v. City of AtlantaSupreme Court of Georgia · 1911
  2. Lee v. City of AtlantaSupreme Court of Georgia · 1944
  3. Wright v. City CouncilSupreme Court of Georgia · 1886
  4. Mayor of Savannah v. LyonsCourt of Appeals of Georgia · 1936
  5. Davis v. City of RomeCourt of Appeals of Georgia · 1919

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3Cited by8 opinions

  1. City of Atlanta v. MitchamSupreme Court of Georgia · 2015
  2. Ford v. City of CaldwellIdaho Supreme Court · 1958
  3. Valevais v. City of New BernCourt of Appeals of North Carolina · 1970
  4. Nanna v. Village of McArthurOhio Court of Appeals · 1974
  5. Bagwell v. City of GainesvilleCourt of Appeals of Georgia · 1962

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