Leake v. City of Atlanta

Deen, Chief Judge.

The prior holding of this court in Leake v. City of Atlanta, 146 Ga. App. 57 (245 SE2d 338) (1978), has been reversed on certiorari by the Supreme Court (243 Ga. 20).

Appellant, however, has filed a motion in this court contending that the ruling of the Supreme Court eliminated the theory of nuisance from the case, but it did not pass upon the remaining two counts of her complaint which alleged (1) that Mr. Leake’s death was caused by negligence of the city through its agents and employees in the conduct of its ministerial functions, and (2) that the Supreme Court did not…