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PLANTERS ELEC. MEMBERSHIP CORP. v. BURKE

37303, 37333.

98 Ga. App. 380 (1958)

105 S.E.2d 787

PLANTERS ELECTRIC MEMBERSHIP CORPORATION v. BURKE; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied October 20, 1958.

Attorney(s) appearing for the Case

H. Cliff Hatcher, Sharpe & Sharpe, Bouhan, Lawrence, Williams, Levy & McAlpin, for plaintiff in error.

Dekle & Dekle, G. C. Dekle, Jr., Congdon, Holley & Smith, W. P. Congdon, Eugene Holley, contra.

QUILLIAN, Judge.

1. The defendant contends that the petition does not set forth a cause of action because its averments show no breach of duty by the defendant owned to the plaintiff's son. In support of this contention the defendant cites Smith v. Ga. Power Co., 43 Ga.App. 210 (158 S. E. 371); Bridges v. Ga. Power Co., 39 Ga.App. 400 (147 S. E. 589), and foreign authority. In the two cases cited the deceased child came in contact with...

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