DAVIS v. HARRELL CONCRETE PRODUCTS

39348.

105 Ga. App. 785 (1962)

125 S.E.2d 699

DAVIS v. HARRELL CONCRETE PRODUCTS, INC.

Court of Appeals of Georgia.

Rehearing Denied April 24, 1962.


Attorney(s) appearing for the Case

George A. Horkan, Jr., William C. Peters, for plaintiff in error.

Whelchel & Whelchel, Hoyt H. Whelchel, Jr., James C. Whelchel, contra.


NICHOLS, Presiding Judge.

The petition, while nowhere alleging expressly that the stacking of the cement in irregular and unbalanced stacks, together with the vibration caused by the heavy machinery located immediately adjacent to the cement house, caused the bag of cement to fall from the top of a nearby stack, does allege the acts of negligence relied upon in paragraph 6 of the petition, and paragraph 7 alleges that, because of such want of ordinary care the plaintiff...

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