MAYOR &c. OF SAVANNAH v. JOHNS

34371.

87 Ga. App. 719 (1953)

75 S.E.2d 342

MAYOR AND ALDERMEN OF SAVANNAH v. JOHNS.

Court of Appeals of Georgia.

Rehearing Denied February 28, 1953.


Attorney(s) appearing for the Case

Alexander & Wells, Edward M. Hester, for plaintiff in error.

Rogers, Zeigler, Terry & Coolidge, contra.


SUTTON, C. J.

1. The defendant contends, and cites some outside authorities in support of its contentions, that the maintenance of streets is and was at common law a governmental function of a municipality; that a city's liability for negligence in failing to repair or remove defects or obstructions in its streets is imposed by a statute (Code, § 69-303) which is in derogation of the common law; and that such statutory liability cannot be extended to cover injuries...

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