MacDougald Const. Co. v. Bass Canning Co.

• Docket Number: 20472,20500.
• Decision Date: 19 January 1931
• Citation: 156 S.E. 628,42 Ga.App. 533
• Parties: MacDOUGALD CONST. CO. v. BASS CANNING CO. et al. MAYOR AND ALDERMEN OF MILLEDGEVILLE v. SAME.
• Court: Georgia Court of Appeals

156 S.E. 628

42 Ga.App. 533

MacDOUGALD CONST. CO. v. BASS CANNING CO. et al.

MAYOR AND ALDERMEN OF MILLEDGEVILLE v. SAME.

Nos. 20472, 20500.

Court of Appeals of Georgia, Second Division

January 19, 1931

Syllabus by the Court.

Petition for damages by overflow of sewer, showing sewer was constructed in accordance with plans adopted by municipal authorities, held insufficient.

The petition for damages, brought jointly against the city and a construction company, alleging that a system of sewer drainage constructed in accordance with plans and specifications adopted by the municipal authorities caused an injury by water overflow, failed to set forth a cause of action either on the theory of negligence or on the theory that the improvements thus constructed constituted a nuisance.

Error from Superior Court, Baldwin County; James B. Park, Judge.

Suit by the Bass Canning Company, etc., and others against the Mayor and Aldermen of Milledgeville and the MacDougald Construction Company. Judgment for plaintiffs, and defendants separately bring error.

Reversed in both cases.

Spalding MacDougald & Sibley, of Atlanta, and Sibley & Sibley, of Milledgeville, for plaintiff in error.

Sam H Wiley, of Sparta, and Frank W. Bell, and Hines & Carpenter all of Milledgeville, for defendants in error.

In case No. 20500:

Hines & Carpenter, of Milledgeville, for plaintiff in error.

Sam H Wiley, of Sparta, Frank W. Bell and Sibley & Sibley, all of Milledgeville, and Spalding, MacDougald & Sibley, of Atlanta, for defendants in error.

JENKINS, P.J. (after stating the foregoing facts).

1. "The officers in charge of the affairs of a municipal corporation may select places for the construction of a system of sewerage and drainage, and adopt a plan for such construction, without rendering the city liable in damages for injuries resulting from such selection and from the proper construction of the system." Langley v. City Council of Augusta, 118 Ga. 590, 598. 45 S.E. 486, 489 98 Am.St.Rep. 133. Thus, it is the general rule that in determining when, where, and of what size and at what levels drains or sewers shall be built the municipal authorities are in the performance of duties of a quasi judicial nature, involving the exercise of deliberate judgment and wide discretion; and the municipality is not liable for an error of judgment on the part of the authorities in locating or planning such improvements. It is, however, well settled that, upon the adoption of a plan of drainage or sewerage by the authorities of a city, the manner in which such plan is executed becomes a mere ministerial duty, and the municipality will be responsible for any negligence in the execution, construction or maintenance of...