City of Bowman v. Gunnells, 56493
| Decision Date | 07 November 1978 |
| Docket Number | No. 56493,56493 |
| Citation | 251 S.E.2d 39,148 Ga.App. 27 |
| Parties | CITY OF BOWMAN v. GUNNELLS et al. |
| Court | Georgia Court of Appeals |
Lavender, Lavender & Phelps, Robert W. Lavender, Woodrow W. Lavender, R. Chris Phelps, Elberton, for appellant.
Davis, Davidson & Hopkins, Jack S. Davidson, Jefferson, Walter James Gordon, Hartwell, Kenyon, Hulsey & Oliver, Julius M. Hulsey, Gainesville, Erwin, Epting, Gibson & McLeod, Eugene A. Epting, Athens, Richard W. Story, Gainesville, for appellees.
This court granted the City of Bowman's interlocutory appeal from the trial court's denial of its motion for summary judgment. After examination of the record, it appears that the appeal was improvidently granted because there is an issue of fact as to whether the city created a nuisance when it failed to replace a light bulb which had burned out behind a red reflector in a traffic light after it had notice that the light was malfunctioning.
Appeal dismissed.
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City of Bowman v. Gunnells
...Athens, for appellees. JORDAN, Justice. We granted certiorari to review the decision of the Court of Appeals in City of Bowman v. Gunnells, 148 Ga.App. 27, 251 S.E.2d 39 (1978) which held that there was an issue of fact "as to whether the city created a nuisance when it failed to replace a ......
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City of Bowman v. Gunnells, 56493
...Epting, Athens, Richard Story, Gainesville, for appellees. DEEN, Chief Judge. The prior holding of this court in City of Bowman v. Gunnells, 148 Ga.App. 27, 251 S.E.2d 39 (1978), has been reversed on certiorari by the Supreme Court 243 Ga. 809, 256 S.E.2d 782 (1979). The prior judgment in t......