CONDENSER SERVICE & ENGINEERING CO. v. BRUNSWICK PORT AUTHORITY

34301.

87 Ga. App. 469 (1953)

74 S.E.2d 398

CONDENSER SERVICE & ENGINEERING COMPANY INC. v. BRUNSWICK PORT AUTHORITY.

Court of Appeals of Georgia.

Decided January 28, 1953.


Attorney(s) appearing for the Case

Reese, Bennet & Gilbert, for plaintiff in error.

Gowan, Conyers, Fendig & Dickey, contra.


FELTON, J.

1. None of the counts is subject to the general or special demurrers insofar as the allegations of negligence in failing to anticipate the danger from the squall and to guard against it are concerned. The allegations in these counts do not show that the damages resulted from an act of God.

2. The first count is duplicitous, in that it seems to be predicated on two different theories: first, the duty of the defendant as sublessee to exercise ordinary...

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