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DAVIS v. CITY OF ATLANTA

33611, 33612.

84 Ga. App. 572 (1951)

66 S.E.2d 188

DAVIS v. CITY OF ATLANTA et al. SOUTHEASTERN FAIR ASSN. v. DAVIS et al.

Court of Appeals of Georgia.

Rehearing Denied July 30, 1951.

Attorney(s) appearing for the Case

Marvin G. Russell, Turner Paschal, for Davis.

J. C. Savage, J. C. Murphy, J. M. B. Bloodworth, John E. Feagin, Henry L. Bowden, for City of Atlanta.

A. C. Latimer, Edward L. Savell, T. J. Long, for Harris.

Fine & Efurd, for Southeastern Fair Association.

TOWNSEND, J.

(After stating the foregoing facts.) 1. Where a city, under charter authority, maintains a park primarily as a source of revenue, the duty of maintaining it in a safe condition is ministerial rather than governmental, and the municipality is liable for the breach of such duty. Cornelisen v. City of Atlanta, 146 Ga. 416 (91 S. E. 415). Whether or not the City of Atlanta, the owner-lessor here, and the Southeastern Fair Association, the lessee...

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