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S. H. KRESS & CO. v. FLANIGAN

38701.

103 Ga. App. 301 (1961)

119 S.E.2d 32

S. H. KRESS & COMPANY v. FLANIGAN.

Court of Appeals of Georgia.

Decided March 9, 1961.

Attorney(s) appearing for the Case

W. Neal Baird, Hurt, Gaines, Baird, Peek & Peabody, Joe C. Freeman, Jr., for plaintiff in error.

William C. Rimmer, Jr., Woodrow Tucker, contra.

NICHOLS, Judge.

1. In support of its first contention, that the petition fails to allege actionable negligence, the defendant cites Jones v. West End Theatre Co., 94 Ga.App. 299, 303 (94 S.E.2d 135), where it was held that an allegation that a defective condition had existed for a period of ten minutes was insufficient to authorize a recovery where only implied knowledge of such defect...

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