TUCKER v. CARMICHAEL & SONS INC.

17487.

208 Ga. 201 (1951)

65 S.E.2d 909

TUCKER, by next friend, v. HOWARD L. CARMICHAEL & SONS INC.

Supreme Court of Georgia.

Decided July 9, 1951.


Attorney(s) appearing for the Case

G. Seals Aiken and Luther Alverson, for plaintiff.

Rex T. Reeves and Haas & Hurt, for defendant.


DUCKWORTH, Chief Justice.

1. The decisive question here presented has never been passed upon by this court, and, hence, we must reach a decision without the benefit of previous rulings on that point by a Georgia court. There are numerous decisions by the courts of other States, but they are not unanimous. Without citing each specific case, reference is made to 16 American Jurisprudence, 56, § 75; 43 Corpus Juris Secundum, 270, § 104; 20 A.L.R. 1505 (Annotation...

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