Legal Opinion

Higgins v. D. & F. ELECTRIC CO.

Court of Appeals of Georgia

Decided November 19, 1964No. 40946, 40947PublishedCited by 6 opinions

1Opinion of the Court

Jordan, Judge.

It is contended by the defendant electrical company that the plaintiff’s petition did not state a cause of action against it, and was thus properly dismissed on general demurrer, for the reasons that the facts alleged affirmatively disclosed that (1) the contract to perform the electrical work in the home of the plaintiff and her decedent was the individual undertaking of Cash who was not acting as agent or employee of the defendant company; (2) the decedent in assisting Cash was a volunteer and the company had breached no duty which it owed him in that capacity; and (3) the…

2Cases cited16 opinions

  1. Griffin v. RussellSupreme Court of Georgia · 1915
  2. Northside Manor, Inc. v. VannSupreme Court of Georgia · 1963
  3. Atlanta & West Point Railroad v. WestSupreme Court of Georgia · 1905
  4. Fitzgerald Cotton Oil Co. v. Farmers Supply Co.Court of Appeals of Georgia · 1907
  5. Rhodes v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1890

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3Cited by6 opinions

  1. Frady v. IrvinSupreme Court of Georgia · 1980
  2. Allen & Bean, Inc. v. American Bankers Insurance Co. of FloridaCourt of Appeals of Georgia · 1980
  3. Huddle House, Inc. v. BurkeCourt of Appeals of Georgia · 1974
  4. Harper v. Liberty National Life InsuranceDistrict Court, M.D. Georgia · 1986
  5. Ca 79-3691 Wanda Starr Wright, Individually and as Administratrix of the Estate of James Lewis Wright v. Southern Bell Telephone CompanyCourt of Appeals for the Fifth Circuit · 1979

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