Atlanta Enterprises Inc. v. James
Court of Appeals of Georgia
1Opinion of the CourtFelton, J.
(After stating the foregoing facts.)
1. The demurrer was properly overruled. The petition alleged that Brand represented to plaintiff that there was no pressure in the cylinder and that it was safe for plaintiff to begin his work, and that plaintiff did not know there was pressure in the cylinder and that the machine was not ready for him to begin his work. These and other allegations were sufficient to show superior knowledge, actual or constructive, of the latent danger, on the part of the defendant, and failure to warn James of it, and were therefore sufficient to show a cause of action.…
2Cases cited8 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Huey v. City of AtlantaCourt of Appeals of Georgia · 1911
- Mickle v. MooreSupreme Court of Georgia · 1941
- Franklin Savings & Loan Co. v. BrananCourt of Appeals of Georgia · 1936
- Laney v. BarrCourt of Appeals of Georgia · 1939
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3Cited by7 opinions
- Atlantic Greyhound Corp. v. AustinCourt of Appeals of Georgia · 1945
- McBride v. JohnsCourt of Appeals of Georgia · 1945
- Holder v. J. F. Kearley, Inc.Court of Appeals of Georgia · 1980
- Ray v. WoodCourt of Appeals of Georgia · 1956
- Holsenbeck v. ArnoldCourt of Appeals of Georgia · 1947
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