CITY OF ATLANTA v. MAPEL

45047.

121 Ga. App. 567 (1970)

174 S.E.2d 599

CITY OF ATLANTA v. MAPEL.

Court of Appeals of Georgia.

Decided March 12, 1970.

Rehearing Denied April 1, 1970.


Attorney(s) appearing for the Case

Henry L. Bowden, Thomas F. Choyce, for appellant.

Albert M. Horn, for appellee.


HALL, Presiding Judge.

"The American rules governing the tort liability of municipal corporations make a curious patchwork of immunity and responsibility. The dominent motif is a supposed distinction between governmental and proprietary functions... No satisfactory test has been devised for distinguishing [between these] functions... Little wonder that courts and commentators have despaired of finding a rational and consistent key to the distinction." 2 Harper &...

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