Smith v. City of Atlanta

Sognier, Judge.

Appellant R. Manson Smith, a lieutenant in the Atlanta Bureau of Fire Services, filed suit against the City of Atlanta, the Mayor of Atlanta and the Public Safety Commissioner of Atlanta, appellees, seeking back wages. Smith died during pendency of the suit and his widow was substituted as plaintiff. The trial court granted the City’s motion for summary judgment but denied Smith’s motion for summary judgment. Smith appeals, claiming error in the grant of summary judgment against him and the failure to grant his motion for summary judgment.

In 1973 Smith passed the captain’s…