Town of Fort Oglethorpe v. Phillips, 224 Ga. 834

165 S.E.2d 141 (1968) · Supreme Court of Georgia · December 5, 1968 · No. 24819

Summary

The Supreme Court of Georgia held that the operation and maintenance of a traffic light is generally a governmental function for which a municipality is not liable in negligence, and that an improperly operating traffic light is not a physical street defect under Code § 69-303. However, the court affirmed because the petition alleged facts sufficient to state a nuisance claim based on the municipality’s knowing maintenance of a dangerous traffic-light condition.

Holdings

  1. The maintenance and operation of a traffic-light system is a governmental function, and a municipality is not liable for negligent performance of that function.
  2. The improper operation of a municipal traffic light is not a physical defect or obstruction in a street within the meaning of Code § 69-303 and therefore does not convert the traffic-regulation function into a ministerial street-maintenance function.
  3. The petition stated a cause of action for the Town's operation and maintenance of a nuisance, notwithstanding that the alleged conduct occurred in the exercise of a governmental function.

Questions Presented

  1. Whether the maintenance and operation of a municipal traffic light is a governmental or ministerial function for purposes of municipal tort liability.
  2. Whether an improperly operating traffic light constitutes a physical defect or obstruction in a street under Code § 69-303.
  3. Whether the petition's allegations were sufficient to state a nuisance claim against the municipality despite governmental-function immunity from ordinary negligence claims.

Disposition

affirmed

Cases Cited (19)

  • Phillips v. Town of Fort Oglethorpe, 118 Ga. App. 62, 162 S.E.2d 771 (1968)(reviewed)
  • Arthur v. City of Albany, 98 Ga. App. 746, 747, 106 S.E.2d 347 (1958)(followed)
  • Stanley v. City of Macon, 95 Ga. App. 108 (1), 97 S.E.2d 330 (1957)(followed)
  • City of Rome v. Potts, 45 Ga. App. 406, 410, 165 S.E. 131 (1932)(followed)
  • Dorminey v. City of Montgomery, 232 Ala. 47, 166 So. 689(persuasive)
  • Avey v. City of West Palm Beach, 152 Fla. 717, 12 So. 2d 881(persuasive)
  • Auslander v. City of St. Louis, 332 Mo. 145, 56 S.W.2d 778(persuasive)
  • Powell v. City of Nashville, 167 Tenn. 334, 69 S.E.2d 894(persuasive)
  • Sandmann v. Sheehan, 279 Ky. 614, 131 S.E.2d 484(persuasive)
  • Martin v. City of Canton, 41 Ohio App. 420, 180 N.E. 78(persuasive)

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