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Frierson v. Mutual Realty Co.

174 S.E. 144, 48 Ga. App. 839, 1934 Ga. App. LEXIS 216
CourtCourt of Appeals of Georgia
DecidedMarch 29, 1934
Docket23440
StatusPublished
Cited by15 cases

This text of 174 S.E. 144 (Frierson v. Mutual Realty Co.) 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.

Bluebook
Frierson v. Mutual Realty Co., 174 S.E. 144, 48 Ga. App. 839, 1934 Ga. App. LEXIS 216 (Ga. Ct. App. 1934).

Opinion

Beoyles, C. J.

Under the allegations of the petition, construed most strongly against the plaintiff, she was not exercising ordinary care when she approached the defendant’s apartment house and opened a door therein and simultaneously stepped into a dark and unUghted basement (an unlighted stairway leading from the door down to the floor of the basement), and was precipitated to the basement floor. The averment in the petition that she was exercising ordinary care was not supported by the facts set forth therein. The court properly dismissed the case on general demurrer. See Hendriks v. Jones, 28 Ga. App. 335 (111 S. E. 81), and cit.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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Bluebook (online)
174 S.E. 144, 48 Ga. App. 839, 1934 Ga. App. LEXIS 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frierson-v-mutual-realty-co-gactapp-1934.