HILLINGHORST v. HEART OF ATLANTA MOTEL

39030.

104 Ga. App. 731 (1961)

122 S.E.2d 751

HILLINGHORST v. HEART OF ATLANTA MOTEL, INC.

Court of Appeals of Georgia.

Rehearing Denied November 1, 1961.


Attorney(s) appearing for the Case

Rose & Lappas, Ralph H. Hicks, for plaintiff in error.

Hurt, Gaines, Baird, Peek & Peabody, J. Corbett Peek, Jr., William W. Horton, contra.


EBERHARDT, Judge.

1. This case is here on exception to the trial judge's order sustaining an oral motion to dismiss by the defendant. It thus becomes our duty to measure the petition by the standard laid down by Chief Judge Hill in Moone v. Smith, 6 Ga.App. 649, 650 (65 SE 712) where it is said, "The essential foundation for all actionable negligence is the existence of a duty which the defendants owed to the plaintiff in connection with the particular subject...

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