City of Bainbridge v. Cox

“If a municipal corporation has not been negligent in constructing or repairing the same,' it is not liable for injuries resulting from defects in its streets when it has no actual notice thereof, or such defect has [not] existed for a sufficient length of time for notice to be inferred.” Code, § 69-303.

The “defects in its streets” for which a municipal corporation may be held liable under the provisions of this Code section have been held to include objects adjacent to, and suspended over, the municipality’s streets and sidewalks, the presence of which renders the use of these thoroughfares…