Legal Opinion

Mandeville Mills v. Dale

Court of Appeals of Georgia

Decided October 14, 1907PublishedCited by 112 opinions

Actions for damages, from city court of Carrollton — Judge Jiodnett. March 30, 1907. Eor the homicide of Eoy Dale, his father and mother brought separate suits against 'the Mandeville Mills. The allegations of both petitions, so far 'as material to the questions here made, are identical.

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Actions for damages, from city court of Carrollton — Judge Jiodnett. March 30, 1907. Eor the homicide of Eoy Dale, his father and mother brought separate suits against 'the Mandeville Mills. The allegations of both petitions, so far 'as material to the questions here made, are identical. In substance the petitions state, that Roy Dale was, at the time of his death, twelve years old; that he was learning the profession of a mill operative, in the defendant’s factory, but was off duty on temporary leave, in order that he might attend school; that on the day of his death he came into the…

1Opinion of the CourtPowell, J.

(After stating the foregoing facts.)

1. The liability of the owner or proprietor of premises, for injuries received by persons while present upon such premises, may be viewed in four aspects: (1) Where the person injured is there as a trespasser; (2) where he is there as a licensee; (3) where he is there by invitation of the owner or proprietor; (4) where he is there under some other special relation., In the first case — that of the trespasser — liability arises only where the injury has been occasioned by the wilful and wanton negligence of the proprietor or owner. No duty of anticipating…

2Cases cited12 opinions

  1. Southern Railway Co. v. ChatmanSupreme Court of Georgia · 1906
  2. Atlanta Cotton-Seed Oil Mills v. CoffeySupreme Court of Georgia · 1887
  3. Charleston & Western Carolina Railway Co. v. JohnsonCourt of Appeals of Georgia · 1907
  4. Sweeny v. Old Colony & Newport RailroadMassachusetts Supreme Judicial Court · 1865
  5. Bond v. Central BankSupreme Court of Georgia · 1847

7 more not listed; retrieve them via the Exa API.

3Cited by112 opinions

  1. Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
  2. Fulton Ice & Coal Co. v. PeceCourt of Appeals of Georgia · 1923
  3. Wynne v. Southern Bell Telephone & Telegraph Co.Supreme Court of Georgia · 1925
  4. Crossgrove v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1923
  5. Cook v. Southern Railway Co.Court of Appeals of Georgia · 1936

107 more not listed; retrieve them via the Exa API.

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