GALLOWAY v. GREENWOOD

36174.

94 Ga. App. 145 (1956)

94 S.E.2d 41

GALLOWAY, by Next Friend, v. GREENWOOD et al.

Court of Appeals of Georgia.

Decided July 9, 1956.


Attorney(s) appearing for the Case

Northcutt & Edwards, Edwin R. Johnston, for plaintiff in error.

James I. Parker, Mundy & Gammon, contra.


QUILLIAN, J.

1. The plaintiff insists that the trial judge erred in sustaining the general demurrer to the petition. In negligence cases, the petition, to set forth a cause of action, must show that the defendant failed to exercise the degree of care he owed the plaintiff and that his negligence proximately caused injury to the plaintiff or damage to his property. A petition lacking either of these elements is subject to general demurrer. Without question the averments...

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