Gamble v. Davis

Court of Appeals of Georgia

Gamble v. Davis

106 S.E.2d 89, 98 Ga. App. 470, 1958 Ga. App. LEXIS 615

CourtCourt of Appeals of Georgia

DecidedOctober 27, 1958

Docket37381

StatusPublished

Cited by3 cases

This text of 106 S.E.2d 89 (Gamble v. Davis) 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

Gamble v. Davis, 106 S.E.2d 89, 98 Ga. App. 470, 1958 Ga. App. LEXIS 615 (Ga. Ct. App. 1958).

Pincite

Opinion

Felton, Chief Judge.

The petition is subject to- general demurrer in only one respect (see Milton Bradley Co. v. Cooper, 79 Ga. App. 302, 53 S. E. 2d 761), and that is that it states that the plaintiff was a minor but does not state, the plaintiff’s age. A minor is one less than twenty-on© years of age. Properly construed on general demurrer, the petition shows that the plaintiff was of sufficient age to be held to the duty of exercising ordinary care for his own safety. So construed the petition shows that the plaintiff, being under such a duty, was the author of his own misfortune and that his negligence in attempting to pick up the firecracker was the proximate cause of his injuries.

The court erred in overruling the general demurrer.

Judgment reversed.

Quillian and Nichols, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Felton, Chief Judge.

The petition is subject to- general demurrer in only one respect (see Milton Bradley Co. v. Cooper, 79 Ga. App. 302, 53 S. E. 2d 761), and that is that it states that the plaintiff was a minor but does not state, the plaintiff’s age. A minor is one less than twenty-on© years of age. Properly construed on general demurrer, the petition shows that the plaintiff was of sufficient age to be held to the duty of exercising ordinary care for his own safety. So construed the petition shows that the plaintiff, being under such a duty, was the author of his own misfortune and that his negligence in attempting to pick up the firecracker was the proximate cause of his injuries.

The court erred in overruling the general demurrer.

Judgment reversed.

Quillian and Nichols, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

106 S.E.2d 89, 98 Ga. App. 470, 1958 Ga. App. LEXIS 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gamble-v-davis-gactapp-1958.

Opinion

Related

Cite This Page — Counsel Stack