Jackson v. Ross

Court of Appeals of Georgia

Jackson v. Ross

57 S.E. 913, 1 Ga. App. 192, 1907 Ga. App. LEXIS 186

CourtCourt of Appeals of Georgia

DecidedFebruary 13, 1907

Docket68

StatusPublished

This text of 57 S.E. 913 (Jackson v. Ross) 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

Jackson v. Ross, 57 S.E. 913, 1 Ga. App. 192, 1907 Ga. App. LEXIS 186 (Ga. Ct. App. 1907).

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Opinion

Powell, J.

At the inception of this case a demurrer to the petition was overruled, and that judgment was reviewed by the Supreme Court and affirmed. Ross v. Jackson, 123 Ga. 657. The allegations of the petition are summarized in the statement of facts prefatory to the opinion in that case,' and will not be repeated here. Upon the trial the plaintiff proved the allegations as to the extent of her injuries, and as to the manner in which they were received, but there is an entire absence of testimony tending to show that Mrs. Johnson^ the defendant’s intestate, was the owner of the building, or that she constructed it, or that she knew or by the exercise of ordinary diligence could have known of the defective condition of the passageway whereon the plaintiff was injured. The judgment of nonsuit granted by the trial court must, therefore, be - Affirmed. ■

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Powell, J.

At the inception of this case a demurrer to the petition was overruled, and that judgment was reviewed by the Supreme Court and affirmed. Ross v. Jackson, 123 Ga. 657. The allegations of the petition are summarized in the statement of facts prefatory to the opinion in that case,' and will not be repeated here. Upon the trial the plaintiff proved the allegations as to the extent of her injuries, and as to the manner in which they were received, but there is an entire absence of testimony tending to show that Mrs. Johnson^ the defendant’s intestate, was the owner of the building, or that she constructed it, or that she knew or by the exercise of ordinary diligence could have known of the defective condition of the passageway whereon the plaintiff was injured. The judgment of nonsuit granted by the trial court must, therefore, be - Affirmed. ■

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Bluebook (online)

57 S.E. 913, 1 Ga. App. 192, 1907 Ga. App. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-ross-gactapp-1907.

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