Legal Opinion
Hornsby v. Henry
Court of Appeals of Georgia
Decided October 14, 1942No. 29792PublishedCited by 4 opinions
1Opinion of the CourtGardner, J.
The plaintiff’s case .rests on the doctrine of attractive and alluring danger, to raise the inference that the child was an invitee. It is not reasonable to assume that an old truck would be so attractive and alluring as to amount to an implied invitation to play around it. However, we think this would be governed by the ruling in Savannah, Florida & Western Railway Co. v. Beavers, 113 Ga. 398 (39 S. E. 82, 54 L. R. A. 314), as follows: “One who makes an excavation upon his land is not bound to so guard it as to prevent injury to children who come upon it without his invitation, express or…
2Cases cited10 opinions
- Southern Railway Co. v. ChatmanSupreme Court of Georgia · 1906
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Ferguson v. Columbus & Rome RailwaySupreme Court of Georgia · 1885
- Southern Cotton Oil Co. v. PierceSupreme Court of Georgia · 1916
- Haley Motor Co. v. BoyntonCourt of Appeals of Georgia · 1929
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Henderson v. BairdCourt of Appeals of Georgia · 1959
- Gabel v. KobaCourt of Appeals of Washington · 1969
- Anderson v. B. F. Goodrich Co.Court of Appeals of Georgia · 1961
- Shockley v. HensleeCourt of Appeals of Georgia · 1966