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SOUTHERN MILLS, INC. v. NEWTON

35524, 35525.

91 Ga. App. 738 (1955)

87 S.E.2d 109

SOUTHERN MILLS, INC. v. NEWTON et al. ALLGOOD et al. v. SOUTHERN MILLS, INC., et al.

Court of Appeals of Georgia.

Rehearing Denied March 17, 1955.

Attorney(s) appearing for the Case

C. Baxter Jones, Jr., Sutherland, Asbill & Brennan, for Southern Mills, Inc.

Geo. A. Smith, Gambrell, Harlan, Barwick, Russell & Smith, for Henry Newton Co. et al.

T. J. Long, Ben Weinberg, Jr., for Allgood Bros. et al.

TOWNSEND, J.

1. Negligence is predicated against the subcontractor Allgood Brothers on the theory that (1) it should, in the exercise of ordinary care, have anticipated that the amount of rainfall which actually fell would have been likely to fall in that vicinity; (2) it should, in the exercise of ordinary care, have anticipated that the amount of rainfall which actually accumulated along the bare, sloping surface of the West By-Pass along which work was progressing...

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