Mayor & Aldermen of City of Savannah v. Lyons

• Decision Date: 28 November 1936
• Docket Number: 25560.
• Parties: MAYOR, etc., OF SAVANNAH v. LYONS.
• Court: Georgia Court of Appeals

189 S.E. 63

54 Ga.App. 661

MAYOR, etc., OF SAVANNAH v. LYONS.

No. 25560.

Court of Appeals of Georgia, Second Division

November 28, 1936

Syllabus by the Court.

1. The airport of the city of Savannah, under the statutes authorizing its establishment and maintenance, in connection with the facts alleged in the petition in this case, is a governmental institution in the nature of a "park," and the city is not liable in damages to a party sustaining personal injuries by reason of a dangerous defect in the pavement of a roadway inside of the park, notwithstanding receipt by the city of some incidental revenue from lessees or licensees of certain privileges therein; it not appearing that the airport was operated primarily as a source of revenue.

2. The roadway which is in the form of a circle, and situated wholly within the limits of the municipal airport, is not a city "street."

Error from City Court of Savannah; Alex R. MacDonell, Judge.

Action by J. H. Lyons against the Mayor, etc., of Savannah. To review a judgment overruling a demurrer to the petition, the defendant brings error.

Reversed.

J. H Lyons brought suit in tort against the mayor and aldermen of the City of Savannah for personal injuries alleged to have been received by him as a result of the defendants' negligence. In the petition as amended it was alleged that the Legislature passed acts in 1927 and 1929 authorizing the defendants to construct, operate, and maintain a flying field, and all things necessary as accessories thereto without the corporate limits of the city, to charge for admission and fees for their use, to place employees in control of the field and its amusement and recreation facilities, that the defedants bought certain land on which were constructed various buildings, parking spaces, roadways and other accessories; that on November 6, 1929, the defendants in council assembled, adopted a resolution authorizing the purchase of a certain plat of 40 acres adjoining the Savannah airport, and on November 15, 1929, a deed was executed to the defendants covering that tract of land bordering 990 feet on the eastern line of the airport proper and 1320 feet on the western boundary of the Middleground road, said tract embracing that land on which the city erected the beacon light, around which light run the roadways on which occurred the accident more particularly described; that the city provides the parking spaces and roadways on the lands just described for the use of the general public both day and night, and for the use of all persons coming to the city by airplane, who must of necessity use the parking spaces, roadways, and facilities, for which use the city has the privilege of charging and affords police protection; that for a valuable consideration the city has leased to the Eastern Air Transport, Incorporated, the privilege of using the airport, its accessories, roads parking spaces, and accommodations, this company being engaged in the business of transporting passengers, freight and mail for hire, and using the landing field, roadways, and parking spaces to carry on its business; that the city grants to an oil company, for a compensation to the city, the privilege of selling gas, oil, and other commodities to automobiles, to the airplanes of the Eastern Air Transport, Incorporated, and to other airplanes using the airport facilities, the city receiving a stipulated sum on all oil and gas sold; that the airport has been placed under the control of the city engineer who is charged with the duty of inspecting and keeping in repair all properties of the city; that on a part of the property purchased and maintained by the city as a part of the airport are the roadway and parking spaces lying west of the Middleground road, affording access to, and parking space for, that part of the airport where airplanes land, and a short distance east of the parking space near the waiting rooms is a circular park around which the paved roadway runs, and near the eastern end of the circular park, and slightly to the right of the center of the paved roadway, the city has permitted the pavement to become broken, defective, and dangerous, with three or four large holes measuring from three to five feet wide and from six to ten inches deep, which holes have existed for months and such a length of time that the city was charged with notice thereof; that a map of the entire airport is attached; that the beacon light in the center of the circular park shed no light on the pavement and the dangerous roadway was not illuminated; that about 12:30 a. m. August 4, 1935, the plaintiff rode out to the airport on a motorcycle with a lady passenger, and after conversing with a city employee, started back to the city on the pavement around the circular park, and struck the broken pavement, was thrown from his motorcycle, and severely injured; that the purpose of the plaintiff and his companion was to ride over and use the roadway and parking space forming a part of the airport for the purpose for which they were created, maintained, and used, namely, to use said roadway and parking space as a public street and parking place; that the defendants were negligent in failing to keep the pavement of the roadway in a safe and suitable condition for persons operating vehicles over it, in failing to provide sufficient lighting to indicate the dangerous pavement, etc. Other parts of the petition which are immaterial to the questions in the case need not be stated.

The defendants demurred generally to the original petition as not setting out a cause of action, and because the...