FENDER v. COLONIAL STORES, INC.

51836.

138 Ga. App. 31 (1976)

225 S.E.2d 691

FENDER v. COLONIAL STORES, INC. et al.

Court of Appeals of Georgia.

Decided February 18, 1976.

Rehearing Denied March 9, 1976.


Attorney(s) appearing for the Case

Ervin, McCullough & Sherrill, John A. Sherrill, for appellant.

Hurt, Richardson, Garner & Todd, Robert L. Todd, Greene, Buckley, DeRieux & Jones, Alfred B. Adams, III, Gregory J. Digel, R. Dennis Withers, for appellees.


DEEN, Presiding Judge.

1. The plaintiff urges several theories of recovery against the appellee-retailer in whose store the explosion occurred: Breach of warranty; violation of shopkeeper's duty to customers under Code § 105-401; and, res ipsa loquitur. It is contended that the evidence adduced at trial supported her right to recover under any or all of these theories such that the direction of a verdict in favor of the retailer was error.

A. Warranty...

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