BROOKS v. READY MIX CONCRETE CO.

36392.

94 Ga. App. 791 (1956)

96 S.E.2d 213

BROOKS v. READY MIX CONCRETE COMPANY.

Court of Appeals of Georgia.

Rehearing Denied December 6, 1956.


Attorney(s) appearing for the Case

Wright, Rogers, Magruder & Hoyt, Dudley B. Magruder, Jr., for plaintiff in error.

Matthews, Maddox, Walton & Smith, contra.


FELTON, C. J.

The petition seeks recovery on the theory that the defendant is liable without negligence or fault for a direct trespass upon the plaintiff's property. The defendant contends that the damage was indirect or consequential and that negligence is prerequisite to the cause of action. This seems to be a case of first impression in this State as to the particular facts alleged.

1. The common law of force prior to May 14, 1776, is of force in Georgia...

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