Brewer v. Southern Gas Corp.

Court of Appeals of Georgia

Brewer v. Southern Gas Corp.

82 S.E.2d 171, 90 Ga. App. 81, 1954 Ga. App. LEXIS 639

CourtCourt of Appeals of Georgia

DecidedApril 7, 1954

Docket35044

StatusPublished

Cited by4 cases

This text of 82 S.E.2d 171 (Brewer v. Southern Gas Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brewer v. Southern Gas Corp., 82 S.E.2d 171, 90 Ga. App. 81, 1954 Ga. App. LEXIS 639 (Ga. Ct. App. 1954).

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Opinion

Gardner, P. J.

1. Code § 3-1004 provides: “Actions for injuries to the person shall be brought within two years after the right of action accrues. . .” This court held in Dowling v. Lester, 74 Ga. App. 290 (2) (39 S. E. 2d 576): “In an action for personal injuries based upon alleged negligence of the defendant in serving food with a rock or other similar substance therein, the statute of limitations commences to run from the breach of duty, and not from the time when the extent of the resulting injury is ascertained.”

See, to the same effect, Silvertooth v. Shallenberger, 49 Ga. App. 133 (2) (174 S. E. 365), and Gould v. Palmer, 96 Ga. 798 (22 S. E. 583). On these authorities the court correctly dismissed the petition on demurrer. Counsel for the plaintiff in the brief and argument call our attention to no decision or authorities to sustain his contention that the sustaining of the demurrer was error.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.

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Gardner, P. J.

1. Code § 3-1004 provides: “Actions for injuries to the person shall be brought within two years after the right of action accrues. . .” This court held in Dowling v. Lester, 74 Ga. App. 290 (2) (39 S. E. 2d 576): “In an action for personal injuries based upon alleged negligence of the defendant in serving food with a rock or other similar substance therein, the statute of limitations commences to run from the breach of duty, and not from the time when the extent of the resulting injury is ascertained.”

See, to the same effect, Silvertooth v. Shallenberger, 49 Ga. App. 133 (2) (174 S. E. 365), and Gould v. Palmer, 96 Ga. 798 (22 S. E. 583). On these authorities the court correctly dismissed the petition on demurrer. Counsel for the plaintiff in the brief and argument call our attention to no decision or authorities to sustain his contention that the sustaining of the demurrer was error.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.

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Bluebook (online)

82 S.E.2d 171, 90 Ga. App. 81, 1954 Ga. App. LEXIS 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brewer-v-southern-gas-corp-gactapp-1954.

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