Legal Opinion · Concurrence

Haber v. Georgia Power Company

Court of Appeals of Georgia

Decided September 5, 1972No. 47252Published

1ConcurrenceEvans, Judge

The complaint in this case alleges in paragraphs 8 and 9 that Southern Bell Telephone & Telegraph Company and/or Georgia Power Company owned and maintained the pole in question. The term "and/or” is dealt with fully in Shadden v. Cowan, 213 Ga. *2129 (2) (96 SE2d 608) where it is held that the term may be attacked in various ways, including summary proceedings. Also see Ralls v. E. R. Taylor Auto Co., 202 Ga. 107, 108 (42 SE2d 446). The Ralls case states: "It is thus made plain that the expression is equivocal, uncertain, and not positive.” P. 109. Despite the recent change in our law as to…

2Cases cited2 opinions

  1. Ralls v. E. R. Taylor Auto CompanySupreme Court of Georgia · 1947
  2. Shadden v. CowanSupreme Court of Georgia · 1957

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