Wright v. City Council of Augusta

• Decision Date: 23 November 1886
• Citation: 78 Ga. 241
• Parties: WRIGHT v. THE CITY COUNCIL OF AUGUSTA.
• Court: Georgia Supreme Court

78 Ga. 241

WRIGHT v. THE CITY COUNCIL OF AUGUSTA.

Supreme Court of Georgia.

November 23, 1886

October Term, 1886.

A municipal corporation is not liable to an action for damages resulting from the negligence or inefficiency of its fire department, or the insufficiency of the supply of water although it may levy an annual water tax, and may have in its employment officers whose duty it is to keep the fire-plugs in good order and the mains filled with water, and although there may have been similar negligence by the firemen on previous occasions.

( a ) Wherever the negligence or non-feasance of the ordinary agents and servants of the corporation, as distinguished from that of its officers, causes the injury or when the loss results from acts merely ministerial, as distinguished from such as are legislative and governmental in character, exercised for the sole and immediate benefit of the public, or where the corporation is exercising, as a corporation, its private franchise powers and privileges which belong to it for its immediate corporate benefit, or is dealing with property held by it for its corporate advantage gain or emolument, though inuring ultimately to the benefit of the general public; then, and only then, it becomes liable for the negligent exercise of such powers, precisely as are individuals.

Municipal Corporations. Actions. Damages. Before Judge RONEY. Richmond Superior Court. April Term, 1886.

Reported in the decision.

LEONARD PHINIZY; SALEM DUTCHER, for plaintiff in error.

JOHN S. DAVIDS0N, for defendant.

HALL Justice.

Wright brought suit against the City Council of Augusta, averring in his declaration that he was a citizen of Augusta and owner of two adjacent houses therein; that, without fault on his part one of them caught fire; that the fire department promptly appeared, but were unable to open the fire-plug for that locality with their usual appliances; that it was found necessary to send off after a monkey-wrench wherewith to open it, thus consuming much valuable time; that on the plug being finally opened, it was discovered there was no water in the main; that a special messenger was then dispatched to the city water works, and, a supply of water having been at last pressed into the main, the firemen at once extinguished the conflagration, but not until one of the plaintiff's houses had been wholly destroyed and the other much injured, to his damage $1,200; that defendant is liable therefor; that it annually levies a large water tax, and engages to have constantly available an abundant supply of water for all purposes; that it has in its employ certain officers whose duty it is, under the city ordinances, to keep the fire-plugs in good order and the mains filled with water at proper pressure; that on this occasion, said officers failed and neglected to perform said duties, whereby plaintiff was endamaged as...