Shaffer v. Georgia Power Co.
| Decision Date | 05 February 1973 |
| Docket Number | No. 47849,No. 2,47849,2 |
| Citation | 128 Ga.App. 84,195 S.E.2d 758 |
| Parties | Joseph N. SHAFFER v. GEORGIA POWER COMPANY |
| Court | Georgia Court of Appeals |
Saul Blau, Atlanta, for appellant.
Troutman, Sanders, Lockerman & Ashmore, Jeffrey R. Nickerson, Atlanta, for appellee.
Syllabus Opinion by the Court
Plaintiff in a suit for damages appeals from the summary judgment for one of the defendants, Georgia Power Company. The wrongful act alleged was the suspension of electrical service to several of the plaintiff's properties.
The power company's motion for summary judgment was based on three grounds of legal justification for its act: (1) Its own Rules and Reglations on file with the Public Service Commission which allow it to suspend service to any customer whose wiring or equipment does not meet specified safety standards; (2) An ordinance of the City of Atlanta giving the Superintendent of Electrical Affairs the authority to order current discontinued when he finds wiring or equipment unsafe. In this case the power company had acted upon such written instructions from the office of the superintendent; (3) the potential civil liability of the power company for continuing of furnish current when it has knowledge of a customer's dangerous or defective wiring or equipment.
The court did not err in granting summary judgment. Elwell v. Atlanta Gas Light Co., 51 Ga.App. 919, 181 S.E. 599; Georgia Public Service Commission v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618; Electric Code of the City of Atlanta §§ 33 and 34; Hatcher v. Georgia Power Co., 40 Ga.App. 830, 151 S.E. 696. For similar cases and results in other jurisdictions, see Carroway v. Carolina Power and Light Com., 226 S.C. 237, 84 S.E.2d 728 and Windsor Hotel Co. v. Central Maine Power Co., 250 A.2d 194 (Maine).
Judgment affirmed.
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Tucker v. Hinds County
...558 So.2d 869 ... C.E. TUCKER ... HINDS COUNTY, Mississippi, and Mississippi Power & Light Company ... No. 07-CA-59298 ... Supreme Court of Mississippi ... March 21, 1990 ... Davidson v. State of Georgia, 622 F.2d 895, 897 (5th Cir.1980) ... Both parties agree that sovereign immunity ... Windsor Hotel, 250 A.2d at 198; see also Shaffer v. Georgia Power Co., 128 Ga.App. 84, 195 S.E.2d 758 (1973) (summary judgment affirmed in favor of ... ...
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Stegall v. Central Georgia Electric Membership Corp.
...existing circumstances of this case, for the law to countenance a recovery by either of the appellants/plaintiffs. Shaffer v. Ga. Power Co., 128 Ga.App. 84, 195 S.E.2d 758; Wooten v. Central Ga. Elec. & Membership Corp., 214 Ga.App. 290, 447 S.E.2d 672. Although this is a case of most tragi......