NATIONAL &c. CO. v. GEORGIA &c. REALTY CO.

39467, 39468.

106 Ga. App. 475 (1962)

127 S.E.2d 303

NATIONAL DISTRIBUTING COMPANY v. GEORGIA INDUSTRIAL REALTY COMPANY; and vice versa.

Court of Appeals of Georgia.

Decided September 5, 1962.


Attorney(s) appearing for the Case

Dudley Cook, for plaintiff in error.

Greene, Neely, Buckley & DeRieux, Ferdinand Buckley, contra.


JORDAN, Judge.

1. The plaintiff's petition as amended sought to impose liability on the defendant on two grounds: (1) that the reservoir tank was defective at the time of its original installation by the defendant; and (2) that the defendant as the owner of the premises failed to exercise ordinary care to maintain the premises, including said tank which was a part thereof, in a safe condition. The record before the court on the defendant's motion for summary judgment...

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