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BANKS v. CITY OF ALBANY

33359.

83 Ga. App. 640 (1951)

64 S.E.2d 93

BANKS v. CITY OF ALBANY.

Court of Appeals of Georgia.

Rehearing Denied March 16, 1951.

Attorney(s) appearing for the Case

Ray Y. Cross, E. L. Smith, for plaintiff.

A. N. Durden, for defendant.

SUTTON, 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...

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