McKay v. City of Atlanta (1950)
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City of Decatur v. Robertson (1952)
“It appears that the established rule in this State is that, where it is shown that a defect exists in a street or sidewalk, although the defect is minor in nature, the question of whether the street or sidewalk was in a reasonably safe condition for use by the ordinary modes of travel should be determined by a jury, and not as a matter of law.” McKay v. City of Atlanta, 80 Ga. App. 797, 804 ( 57 S. E. 2d, 432 ).
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Andrews v. City of MacOn (1989)
However, if the street defect ‘existed for such a length of time as by reasonable diligence in the performance of its duty, the defect ought to have been known by [the municipal authority] then notice will be presumed.’ [Cits.]” (Emphasis in original.) City of Atlanta v. Hightower, 177 Ga. App. 140 ( 338 SE2d 683 ) (1985); see McKay v. City of Atlanta, 80 Ga. App. 797, 800-801 (1-3) ( 57 SE2d 432 ) (1950).