Green v. Massee & Felton Lumber Co.
This text of 65 S.E. 44 (Green v. Massee & Felton Lumber 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.
Opinion
1. The petition fails to allege such a state of circumstances as to show a duty on the defendant to protect the plaintiff from the injury for which he sues; and it does not disclose that the defendant was legally responsible for the conduct of the persons through whom the injury was immediately committed. Hence the court did not err in sustaining the demurrer.
2. The plaintiff in error has requested this court to give leave to amend, in the event of an affirmance. Leave to amend is granted.
Judgment affirmed, with direction.
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Cite This Page — Counsel Stack
65 S.E. 44, 6 Ga. App. 389, 1909 Ga. App. LEXIS 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-massee-felton-lumber-co-gactapp-1909.