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CITY OF MARIETTA v. GODWIN

39360, 39361.

106 Ga. App. 113 (1962)

126 S.E.2d 302

CITY OF MARIETTA v. GODWIN. BOARD OF LIGHTS &c. OF MARIETTA v. GODWIN.

Court of Appeals of Georgia.

Decided May 28, 1962.

Attorney(s) appearing for the Case

Frank D. Schaffer, Scott S. Edwards, Jr., Edwards, Bentley, Awtrey & Bartlett, for plaintiffs in error.

Garvis L. Sams, Reed, Ingram & Flournoy, Conley Ingram, contra.

BELL, Judge.

1. The defendant board contends that the petition is fatally defective for the reasons that it fails to allege that the board was in control of the street, or that it was under any contractual duty to place warnings at the site, or to set forth any facts relieving the city from any duty imposed by law to repair the streets or place warnings, signs or barriers, citing Evans v. Scott & Co., 43 Ga...

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