Liability for failure to perform discretionary act

Where municipal corporations are not required by statute to perform an act, they may not be held liable for exercising their discretion in failing to perform the act. History. — Civil Code 1895, § 747; Civil Code 1910, § 896; Code 1933, § 69-302. History of Code section. — This Code section is derived from the decision in Gaskins v. City of Atlanta, 73 Ga. 746 (1883).