Vandevender v. City Of Atlanta, (No. 1555.)

• Citation: 150 Ga. 443,104 S.E. 227
• Decision Date: 17 September 1920
• Docket Number: (No. 1555.)
• Parties: VANDEVENDER. v. CITY OF ATLANTA.
• Court: Supreme Court of Georgia

150 Ga. 443

104 S.E. 227

VANDEVENDER.

v.CITY OF ATLANTA.

(No. 1555.)

Supreme Court of Georgia.

Sept. 17, 1920.

(Syllabus by Editorial Staff.)

Certified Questions from Court of Appeals.

Action by Mrs. T. M. Vandevender against the City of Atlanta. Petition dismissed ongeneral demurrer, and plaintiff brings error,

and the Court of Appeals certified questions. Questions answered.

Pettigrew & Jones, of Atlanta, for plaintiff in error.

Jas. L. Mayson and S. D. Hewlett, both of Atlanta, for defendant in error.

FISH, C. J. [1] 1. In a suit by the owner of certain household goods contained in a dwelling occupied by her as her residence in the city of Atlanta, against the city of Atlanta, for damages, founded on the acts of the firemen in blowing up the house in which her goods were contained, and thereby destroying the goods in order to prevent the extension of a conflagration, the petition alleged, among other things, the following, in substance: Plaintiff was prevented from removing her property from the house by one of the men of the fire department of the city, who was exercising supervision and control, and exerting himself and the men under his direction to destroy property, and by that means to prevent the further spread of the fire. The city has a fire department, which department is vested by necessity, as by statute, in the corporate autborities of the city of Atlanta in the management of fires, and, included in such management, with the destruction of houses to prevent the extension of a conflagration. Such fire department, through its chief, is vested with all the aforesaid authority, with supreme control over the circumstances occurring on account of the conflagration, during the existence thereof. At the time plaintiff's property was destroyed, the fire department and its chief were in charge of and undertaking the stoppage of the conflagration, and were causing houses to be destroyed by dynamite to prevent the spread of the fire, and it was in furtherance of such purpose that they took charge of the houses and property of the citizens, and it was in the exercise of this power that plaintiff was prevented from removing her property, as alleged in the petition. It is provided in the City Code of Atlanta, among other things, that—

"The force of the fire department shall consist of the chief with the foreman of each fire company as assistant." "The chief shall be present at all fires or alarms fully equipped and shall there have sole direction of the...