St. Clair v. City of Macon

Court of Appeals of Georgia

St. Clair v. City of Macon

159 S.E. 758, 43 Ga. App. 598, 1931 Ga. App. LEXIS 486

CourtCourt of Appeals of Georgia

DecidedJuly 20, 1931

Docket20975

StatusPublished

Cited by9 cases

This text of 159 S.E. 758 (St. Clair v. City of Macon) 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

St. Clair v. City of Macon, 159 S.E. 758, 43 Ga. App. 598, 1931 Ga. App. LEXIS 486 (Ga. Ct. App. 1931).

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Opinions

Stephens, J.

1. A person who creates or maintains a pond of water upon private premises is under no duty to maintain it in a condition of safety, as against drowning, for children who, with the mere acquiescence and knowledge of the owner but without express and implied invitation, come upon the premises and go in the pond. The doctrine of the “turntable cases” does not apply to such a situation. Savannah, Florida and Western Railway Co. v. Beavers, 113 Ga. 398 (39 S. E. 82, 54 L. R. A. 314); Hargreaves v. Deacon, 25 Mich. 1; Peters v. Bowman, 115 Cal. 345 (47 Pac. 113, 598, 56 Am. St. R. 106) ; Stendal v. Boyd, 67 Minn. 279 (69 N. W. 899).

2. Where in such a case the landowner and a municipality whose alleged negligence caused an accumulation of water which created the pond were sued jointly by the mother of a child nine years of age, for loss of services of the child, resulting from its death by drowning in the pond, the petition failed to set out a cause of action against either defendant, and the general demurrer of each defendant was properly sustained.

Judgment affirmed.

Jenkins, P. J., and Bell, J., eoneur.

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Stephens, J.

1. A person who creates or maintains a pond of water upon private premises is under no duty to maintain it in a condition of safety, as against drowning, for children who, with the mere acquiescence and knowledge of the owner but without express and implied invitation, come upon the premises and go in the pond. The doctrine of the “turntable cases” does not apply to such a situation. Savannah, Florida and Western Railway Co. v. Beavers, 113 Ga. 398 (39 S. E. 82, 54 L. R. A. 314); Hargreaves v. Deacon, 25 Mich. 1; Peters v. Bowman, 115 Cal. 345 (47 Pac. 113, 598, 56 Am. St. R. 106) ; Stendal v. Boyd, 67 Minn. 279 (69 N. W. 899).

2. Where in such a case the landowner and a municipality whose alleged negligence caused an accumulation of water which created the pond were sued jointly by the mother of a child nine years of age, for loss of services of the child, resulting from its death by drowning in the pond, the petition failed to set out a cause of action against either defendant, and the general demurrer of each defendant was properly sustained.

Judgment affirmed.

Jenkins, P. J., and Bell, J., eoneur.

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Bluebook (online)

159 S.E. 758, 43 Ga. App. 598, 1931 Ga. App. LEXIS 486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-clair-v-city-of-macon-gactapp-1931.

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