47 Ga. App. 341 | Ga. Ct. App. | 1933
1. “Without express legislative authority, a municipality can not grant to any person the right to erect or maintain a structure or obstruction in a public street.” Civil Code (1910), § 894. Obstructions “for purely private gain” are not permissible. . “Streets are primarily intended for the use of travelers,” and “any permanent structure in a street which materially interferes with travel thereon is a public nuisance. Permanent structures which do not interfere with travel and which are erected for public purposes, such as telegraph and telephone poles and the like, are permissible.” City Council of Augusta v. Reynolds, 122 Ga. 754, 756, 758 (50 S. E. 998, 69 L. R. A. 564, 106 Am. St. R. 147). “Where not prohibited by law, a city may legally erect and maintain an obstruction in one of its streets, provided the obstruction is not dangerous and does not constitute an unreasonable in
2. The City of Atlanta by its charter may “widen, straighten, or otherwise change” its streets and sidewalks. Ga. L. 1874, p. 131, §§ 60, 62. By statute and for the foregoing reasons, the municipality and street-railroad companies operating within its limits have the power, without being guilty of maintaining a nuisance or committing thereby an act of negligence per se, to authorize the construction and maintenance of, and to construct and maintain under such municipal authority, what are termed “ safety islands” or “safety zones” in streets at the side of a street-car line, for the use and safety of the public from automobile and other traffic when entering and departing from street-cars. Such zones have been generally recognized by the courts of other jurisdictions as a safety device of well-known efficiency for the protection of pedestrians and the reductions of casualties, the purpose of which is not to obstruct the thoroughfares, but to render them safer for travel. City of Jacksonville v. Bell, 93 Fla. 936 (112 So. 885, 53 A. L. R. 163); City of Cleveland v. Gustafson, 124 Ohio St. 607 (180 N. E. 59, 79 A. L. R. 1325); Seibert v. Mo. Pac. Ry. Co., 188 Mo. 659 (87 S. W. 995, 70 L. R. A. 72); District of Columbia v. Manning (D. C. App.), 18 F. (2d) 806 (53 A. L. R. 167).
3. “If a municipal corporation has not been negligent in constructing or repairing the same, it is not liable for injuries result
4. The plaintiff sued the city of Atlanta and the Georgia Power Company for injuries sustained by driving his automobile, between 11 and 13 p. m., into and against one of two “safety zones,” made of concrete and about one foot high, with “an iron or steel post or column with red lights thereon,” placed on the end of such “zone,” which adjoined the railway of the company on Peachtree
. Judgment affirmed.