CITY COUNCIL OF AUGUSTA v. SHIELDS

40368.

108 Ga. App. 790 (1963)

134 S.E.2d 481

CITY COUNCIL OF AUGUSTA v. SHIELDS et al.

Court of Appeals of Georgia.

Rehearing Denied December 19, 1963.


Attorney(s) appearing for the Case

Fulcher, Fulcher, Hagler & Harper, E. D. Fulcher, Julian H. Stewart, for plaintiff in error.

O. L. Collins, Calhoun & Mobley, Wm. C. Calhoun, G. L. Dickinson, contra.


HALL, Judge.

The question presented by the petition was whether a municipality could be held liable for negligence in knowingly permitting the existence of a driveway, constructed by the abutting owner through a four and one-half foot bank, on the city's unimproved right of way, when the walls enclosing the driveway were four feet high adjacent to the pavement and obscured from the view of vehicular traffic a nine-year-old boy lying face down on a sleigh, who was...

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