Legal Opinion

Allen v. Gornto

Court of Appeals of Georgia

Decided November 23, 1959No. 37869PublishedCited by 15 opinions

1Opinion of the Court

Quillian, Judge.

The question for decision is whether the petition set forth a cause of action. A petition in a negligence case alleges a right of action when it shows actionable negligence on the part of the defendant proximate!y caused the plaintiff tó be injured and does not disclose any fact or defense precluding the plaintiff’s right to recover damages.

It was negligence per se for the defendant in violation of the Fireworks Control Law embodied in Code (Ann.) § 92A-802 to sell fireworks to a minor child, under circumstances not permitted by the statute. Spires v. Goldberg, 26 Ga. App. 530…

2Cases cited20 opinions

  1. Williams v. GrierSupreme Court of Georgia · 1943
  2. Southern Railway Co. v. TankersleyCourt of Appeals of Georgia · 1908
  3. Laseter v. ClarkCourt of Appeals of Georgia · 1936
  4. Hughes v. Atlanta Steel Co.Supreme Court of Georgia · 1911
  5. Gulf Oil Corporation v. StanfieldSupreme Court of Georgia · 1957

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

3Cited by15 opinions

  1. Long v. AdamsCourt of Appeals of Georgia · 1985
  2. Poole v. City of LouisvilleCourt of Appeals of Georgia · 1963
  3. A. M. Kidder & Co. v. Clement A. Evans & Co.Court of Appeals of Georgia · 1965
  4. Gaines v. WolcottCourt of Appeals of Georgia · 1969
  5. Johnson v. ThompsonCourt of Appeals of Georgia · 1965

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

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