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CITY OF ALBANY v. BURT

34505.

88 Ga. App. 144 (1953)

76 S.E.2d 413

CITY OF ALBANY v. BURT.

Court of Appeals of Georgia.

Rehearing Denied May 13, 1953.

Attorney(s) appearing for the Case

A. N. Durden, Peacock, Perry & Kelley, Jesse W. Walters, for plaintiff in error.

H. G. Rawls, B. C. Gardner, Jr., Hilliard Burt, W. H. Burt, contra.

FELTON, J.

1. The court did not err in overruling the general demurrer to the petition as amended. It set forth a cause of action on at least two theories: (1) the failure by the defendant to equip the plaintiff's heater with a 100% shut-off safety pilot; and (2) the city's failure to warn the plaintiff of the danger involved in the use of heavier-than-air gas in an appliance not equipped with a 100% shut-off safety pilot. The allegations of the petition are that...

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