LATIMER v. KIEFFER

37640.

99 Ga. App. 642 (1959)

109 S.E.2d 528

LATIMER v. KIEFFER.

Court of Appeals of Georgia.

Decided May 28, 1959.


Attorney(s) appearing for the Case

J. G. Roberts, Hurt, Gaines, Baird, Peek & Peabody, Boynton C. Emerson, for plaintiff in error.

Jean E. Johnson, Ben F. Smith, contra.


FELTON, Chief Judge.

1. The motion to dismiss both counts and the general demurrer to count 2 should have been sustained. Count 1, construed as seeking to allege a cause of action based on the negligence of the child servant of the defendant, does not set forth a cause of action for the reason that no negligence is alleged against the child. Construed as seeking to allege a cause of action based on the negligence of the...

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