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Englander v. City of East Point

Court of Appeals of Georgia
Jul 16, 1975
135 Ga. App. 487 (Ga. Ct. App. 1975)

Summary

In Englander v. City of East Point, 135 Ga. App. 487 (218 S.E.2d 161), this Court held: "It is obvious that plaintiff bases his complaint against the city because of its failure to place signs or barricades on a dead end street which would warn an individual of the character of the street.

Summary of this case from Christensen v. Floyd County

Opinion

50744.

SUBMITTED JUNE 2, 1975.

DECIDED JULY 16, 1975.

Action for damages. Fulton Civil Court. Before Judge Camp.

Scott Walters, Jr., for appellant.

Smith, Robertson Sparrow, George N. Sparrow, Jr., George T. Smith, for appellee.


Plaintiff in his complaint alleged that the defendant city "negligently maintained a public street ... in that said street was a dead end street, with no signs and no barricade" and that as a result of the "improper maintenance" plaintiff drove his motorcycle off the end of the street damaging his vehicle. The trial court dismissed the complaint for failure to state a claim upon which relief may be granted. Held:

It is obvious that plaintiff bases his complaint against the city because of its failure to place signs or barricades on a dead end street which would warn an individual of the character of the street. Deciding whether to erect or not to erect a traffic control sign or to maintain it after installation is an exercise of a governmental function by a municipality and it is not liable for any negligent performance of this function. Town of Ft. Oglethorpe v. Phillips, 224 Ga. 834 ( 165 S.E.2d 141); Arthur v. City of Albany, 98 Ga. App. 746 ( 106 S.E.2d 347); Lundy v. City Council of Augusta, 51 Ga. App. 655 ( 181 S.E. 237). Nor would the lack of a sign or barricade fall within the category of a defect or obstruction of the street so as to constitute the function ministerial within Code § 69-303 as the defect or obstructions contemplated by the statute are physical obstructions or defects. Town of Ft. Oglethorpe v. Phillips, 224 Ga. 834, supra. The allegations of the complaint disclose with certainty that under any state of the facts which could be proved, the plaintiff would not be entitled to relief. The dismissal of the complaint was correct.

Judgment affirmed. Webb and Marshall, JJ., concur.


SUBMITTED JUNE 2, 1975 — DECIDED JULY 16, 1975.


Summaries of

Englander v. City of East Point

Court of Appeals of Georgia
Jul 16, 1975
135 Ga. App. 487 (Ga. Ct. App. 1975)

In Englander v. City of East Point, 135 Ga. App. 487 (218 S.E.2d 161), this Court held: "It is obvious that plaintiff bases his complaint against the city because of its failure to place signs or barricades on a dead end street which would warn an individual of the character of the street.

Summary of this case from Christensen v. Floyd County
Case details for

Englander v. City of East Point

Case Details

Full title:ENGLANDER v. CITY OF EAST POINT

Court:Court of Appeals of Georgia

Date published: Jul 16, 1975

Citations

135 Ga. App. 487 (Ga. Ct. App. 1975)
218 S.E.2d 161

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