Supreme Court of Georgia, 1950

City Council of Augusta v. Williams

Supreme Court of Georgia · Decided February 16, 1950 · Duckworth

57 S.E.2d 593; 206 Ga. 558; 1950 Ga. LEXIS 503 (South Eastern Reporter, Second Series)

Opinion

Duckworth, Chief Justice.

The Court of Appeals (in Case No. 32625) propounded the following question: “Is the authorized maintenance-by a municipality of a drainage system for the purpose of the drainage of surface water, as distinguished from a drainage system for the- *559 purpose of handling sewage, a governmental or a ministerial function?” The answer is that it is a governmental function.

No. 16937. February 16, 1950. Fulcher & Fulcher, for plaintiff in error. E. S. Sell Jr., and Benning M. Grice, for person at interest, not party. C. Wesley Killebrew, contra. .

Certified question answered.

All the Justices concur.

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