NUNNALLY v. SHOCKLEY

35303.

91 Ga. App. 767 (1955)

87 S.E.2d 115

NUNNALLY et al. v. SHOCKLEY.

Court of Appeals of Georgia.

Adhered To On Rehearing April 1, 1955.


Attorney(s) appearing for the Case

Roberts & Roberts, William P. Whelchel, for plaintiff in error.

A. M. Kelly, D. M. Pollock, contra.


NICHOLS, J.

1. The petition does not show that the defendants had parted with possession of any part of their building. Hence, the defendants' alleged liability is simply that of owners or occupiers of land to an invitee for "failure to exercise ordinary care in keeping the premises and approaches safe." Code § 105-401. The petition alleges facts sufficient to raise a jury question as to whether the defendants breached their duty, to the plaintiff's injury, and...

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