Southeastern Fair Assn. v. Hyden

Court of Appeals of Georgia

Southeastern Fair Assn. v. Hyden

42 S.E.2d 157, 75 Ga. App. 90, 1947 Ga. App. LEXIS 479

CourtCourt of Appeals of Georgia

DecidedMarch 21, 1947

Docket31537.

StatusPublished

This text of 42 S.E.2d 157 (Southeastern Fair Assn. v. Hyden) 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

Southeastern Fair Assn. v. Hyden, 42 S.E.2d 157, 75 Ga. App. 90, 1947 Ga. App. LEXIS 479 (Ga. Ct. App. 1947).

Pincite

Opinion

Sutton, P. J.

1.' This is a companion case to Yancey v. Hyden, ante. The Southeastern Fair Association was sued as a joint tort-feasor with DeWitt Yancey and William S. Bingham, trading as Farm Equipment Exchange, in the case just referred to. The pleadings in this case are substantially the same as in that case and, for the reasons therein set out, the petition did not set out a cause of action against Southeastern Fair Association as a joint tort-feasor with the exhibitors, DeWitt Yancey and William S. Bingham, trading as Farm Equipment Exchange.

2. Nor did the petition set out a cause of action against the fair association, in that the fair association, as' owner, failed to exercise ordinary care and prudence to render the premises reasonably safe for the visit of the plaintiff. Where the owner of land, by invitation, express' or implied, induces others to come upon his premises for a’ lawful purpose, he is liable in damages to such person for injuries occasioned , by the unsafe condition. of the premises. However, under the allegations of the petition in this case, the proximate cause of the plaintiff’s injui-y was not the result of an unsafe condition of the premises, but was the result of the intervening' and independent act of the plaintiff’s playmates in . setting the machine in motion while the -plaintiff had his foot on the ledge and in. the opening, whereby his foot was drawn into the machine and injured.

3. The petition failed to set out a cause of action against Southeastern Fair Association, and the court erred- in overruling its general demurrer to the petition and in not dismissing the petition as to .this defendant.

Judgment reversed.

Felton and Parker, JJ., concur.

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Sutton, P. J.

1.' This is a companion case to Yancey v. Hyden, ante. The Southeastern Fair Association was sued as a joint tort-feasor with DeWitt Yancey and William S. Bingham, trading as Farm Equipment Exchange, in the case just referred to. The pleadings in this case are substantially the same as in that case and, for the reasons therein set out, the petition did not set out a cause of action against Southeastern Fair Association as a joint tort-feasor with the exhibitors, DeWitt Yancey and William S. Bingham, trading as Farm Equipment Exchange.

2. Nor did the petition set out a cause of action against the fair association, in that the fair association, as' owner, failed to exercise ordinary care and prudence to render the premises reasonably safe for the visit of the plaintiff. Where the owner of land, by invitation, express' or implied, induces others to come upon his premises for a’ lawful purpose, he is liable in damages to such person for injuries occasioned , by the unsafe condition. of the premises. However, under the allegations of the petition in this case, the proximate cause of the plaintiff’s injui-y was not the result of an unsafe condition of the premises, but was the result of the intervening' and independent act of the plaintiff’s playmates in . setting the machine in motion while the -plaintiff had his foot on the ledge and in. the opening, whereby his foot was drawn into the machine and injured.

3. The petition failed to set out a cause of action against Southeastern Fair Association, and the court erred- in overruling its general demurrer to the petition and in not dismissing the petition as to .this defendant.

Judgment reversed.

Felton and Parker, JJ., concur.

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Bluebook (online)

42 S.E.2d 157, 75 Ga. App. 90, 1947 Ga. App. LEXIS 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southeastern-fair-assn-v-hyden-gactapp-1947.