GUTHRIE v. ROBBINS HOME &c. CO., INC.

36291.

94 Ga. App. 578 (1956)

95 S.E.2d 737

GUTHRIE, etc. v. ROBBINS HOME IMPROVEMENT CO., INC.

Court of Appeals of Georgia.

Rehearing Denied November 19, 1956.


Attorney(s) appearing for the Case

George D. Stewart, Julian E. Gortatowsky, Willingham, Gortatowsky & Morrison, J. E. B. Stewart, for plaintiff in error.

Hurt, Gaines & Baird, J. Corbett Peek, Jr., contra.


FELTON, C. J.

1. The court did not err in sustaining the general demurrer to Count 2 of the petition. There are no allegations in this count to the effect that although the subcontractor and his servant were ignorant and uneducated they were incompetent; nor are there allegations that the defendant or its agents had any reason to believe that the subcontractor or his agent and employee intended to begin the work in question without properly ventilating the premises...

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