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E. T. BARWICK MILLS, INC. v. STEVENS

40447.

109 Ga. App. 248 (1964)

136 S.E.2d 28

E. T. BARWICK MILLS, INC. v. STEVENS.

Court of Appeals of Georgia.

Decided March 3, 1964.

Attorney(s) appearing for the Case

Pittman & Kinney, L. Hugh Kemp, for plaintiff in error.

C. H. Dalton, contra.

PANNELL, Judge.

1. Where a municipality assumes the control and management of a sewer or drain which has been constructed in a public street, it is bound to use reasonable diligence and care in its operation, maintenance and repair, and in keeping it clear and free of obstruction so as to prevent injury or damage to others, Langley v. City Council of Augusta, 118 Ga. 590 (45 SE 486, 98 ASR 133); and, where the municipality is in control of the sewer the municipality...

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