City of Lavonia v. Powers

Full title: CITY OF LAVONIA v. POWERS et al

Court: Court of Appeals of Georgia

Date published: Oct 20, 1976

231 S.E.2d 93 (Ga. Ct. App. 1976)

231 S.E.2d 93

Opinion

52796.

ARGUED OCTOBER 4, 1976.

DECIDED OCTOBER 20, 1976. REHEARING DENIED NOVEMBER 4, 1976.

Action for damages. Franklin Superior Court. Before Judge Williford.

Whelchel, Dunlap Gignilliat, George L. Simpson, III, James A. Dunlap, for appellant.

Shelfer, Shelfer Eldridge, Frank M. Eldridge, Floyd W. Keeble, Jr., Andrew J. Hill, Jr., for appellees.

WEBB, Judge.

This appeal results from our grant of permission to take an interlocutory appeal from the denial of summary judgment to defendant municipal corporation. Since the municipality had no charter authority to provide fire protection services outside the city limits, and "the agreement on the part of the city to extinguish fires or to furnish water for that purpose was in the exercise of a governmental function" ( Bagwell v. City of Gainesville, 106 Ga. App. 367, 368 ( 126 S.E.2d 906) (1962)), no liability could attach in the instant case for failure of the city to respond to a fire in plaintiff's home outside the city limits.

Judgment reversed. Deen, P. J., and Smith, J., concur.

ARGUED OCTOBER 4, 1976 — DECIDED OCTOBER 20, 1976 — REHEARING DENIED NOVEMBER 4, 1976 — CERT. APPLIED FOR.