670 NEW STREET, INC. v. SMITH

39871, 39872.

107 Ga. App. 539 (1963)

130 S.E.2d 773

670 NEW STREET, INC. v. SMITH (two cases).

Court of Appeals of Georgia.

Rehearing Denied March 29, 1963.


Attorney(s) appearing for the Case

Martin, Snow, Grant & Napier, Hendley V. Napier, T. Baldwin Martin, for plaintiff in error.

Bloch, Hall, Groover & Hawkins, Ellsworth Hall, III, contra.


FRANKUM, Judge.

It is fundamental, of course, and requires no reiteration of authority, that the petitions must be construed on demurrer most strongly against the plaintiffs. In so construing the petitions it may be conceded at the outset that under the facts alleged the defendant had the duty of exercising ordinary care in keeping the premises and approaches safe for the plaintiff's use. Code § 105-401; Crossgrove v. Atlantic C. L. R. Co., 30 Ga...

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