Brown v. Emerson Brick Co.
Court of Appeals of Georgia
Action for damages; from city court of Atlanta—Judge H. M. Reid. March 14, 1914. The action was for injuries from a fall through a hole in the floor of the defendant’s building on December 29, 1911. It was filed December 29, 1913. By amendment the petition alleged that ■the 28th day of December, 1913, was Sunday.
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Action for damages; from city court of Atlanta—Judge H. M. Reid. March 14, 1914. The action was for injuries from a fall through a hole in the floor of the defendant’s building on December 29, 1911. It was filed December 29, 1913. By amendment the petition alleged that ■the 28th day of December, 1913, was Sunday. It was also alleged that “the accident and injuries herein complained of did not occur and the cause of action herein sued upon did not accrue until after the clerk’s office of the superior court . . had closed for that day, and until after the close of business hours on the 29th of…
1Opinion of the CourtWad-e, J.
1. "Actions for injuries done to the person shall be brought within two years after the right of action accrues.” Civil Code (1910), § 4497. "A right of action for á tort accrues immediately upon the infliction of the injury.” Raleigh R. Co. v. W. & A. R. Co., 6 Ga. App. 616 (65 S. E. 586); Geneva Cooperage Co. v. Brown, 124 Ky. 16 (98 S. W. 279, 124 Am. St. R. 388) ; Benoit v. New York Central &c. R. Co., 94 App. Div. 24 (87 N. Y. Supp. 951).
2. "Following the rule for computing time laid down by this court in the cases of Jones v. Smith, 28 Ga. 41, English v. Ozburn, 59 Ga. 392, Barrett v.…
2Cases cited20 opinions
- Hammond v. ClarkSupreme Court of Georgia · 1911
- Rusk v. HillSupreme Court of Georgia · 1903
- Johnson v. MeyersCourt of Appeals for the Eighth Circuit · 1893
- Geneva Cooperage Co. v. BrownCourt of Appeals of Kentucky · 1906
- Maxwell Bros. v. Liverpool & London & Globe InsuranceCourt of Appeals of Georgia · 1913
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3Cited by14 opinions
- Schaefer v. Mayor &C. of AthensCourt of Appeals of Georgia · 1969
- Allstate Insurance v. StephensSupreme Court of Georgia · 1977
- Dowling v. LesterCourt of Appeals of Georgia · 1946
- Davis v. United States Fidelity & Guaranty CompanyCourt of Appeals of Georgia · 1969
- Johansson v. TowsonDistrict Court, M.D. Georgia · 1959
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