Englander v. City of East Point, 218 S.E.2d 161 (Ga. Ct. App. 1975). · Go Syfert
Englander v. City of East Point, 218 S.E.2d 161 (Ga. Ct. App. 1975). Cases Citing This Book View Copy Cite
19 citation events (5 in the last 25 years) across 2 distinct courts.
Cited for
135 Ga. App. at 487 Municipality's discretion in traffic control sign placement2 citing cases“deciding whether to erect or not to erect a traffic 6 control sign . . . is an exercise of a governmental function by a municipality and it is not liable for any negligent performance of this function.”1 citing court quotes it
  • City of Alpharetta v. Toby Hamby, 835 S.E.2d 366 (Ga. Ct. App. 2019).published
    “deciding whether to erect or not to erect a traffic 6 control sign . . . is an exercise of a governmental function by a municipality and it is not liable for any negligent performance of this function.”
  • Kendra Ryles as Adm'r of the Est. of Tavarius Ridgeway v. City of Atlanta, 917 S.E.2d 756 (Ga. Ct. App. 2025).published
    This general rule has been applied to a city’s failure to repair a defective traffic light, Phillips, 224 Ga. at 836 , failure to maintain and properly place a stop sign, Albertson v. City of Jesup, 312 Ga. App. 246, 249 (1) ( 718 SE2d 4 )…
Retrieving the full opinion text from the archive…
Englander
v.
City of East Point
50744.
Court of Appeals of Georgia.
Jul 16, 1975.
Published opinion
218 S.E.2d 161
1975 Ga. App. LEXIS 1709
Scott Walters, Jr., for appellant., Smith, Robertson & Sparrow, George N. Sparrow, Jr., George T. Smith, for appellee.
Bell, Webb, Marshall.
Cited by 9 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: Court of Appeals of Georgia (1)
Bell, Chief Judge.

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 maintainence” 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 SE2d 141); Arthur v. City of Albany, 98 Ga. App. 746 (106 SE2d 347); Lundy v. City Council of Augusta, 51 Ga. App. 655 (181[*488] SE 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.

Submitted June 2, 1975 Decided July 16, 1975. Scott Walters, Jr., for appellant. Smith, Robertson & Sparrow, George N. Sparrow, Jr., George T. Smith, for appellee.

Judgment affirmed.

Webb and Marshall, JJ., concur.