Hillinghorst v. Heart of Atlanta Motel, Inc.

Eberhardt, Judge.

This case is here on exception to the trial judge’s order sustaining an oral motion to- dismiss by the defendant. It thus becomes our duty to measure the petition by the standard laid down by Chief Judge Hill in Moone v. Smith, 6 Ga. App. 649, 650 (65 SE 712) where it is said, "The essential foundation for all actionable negligence is the existence of a duty which the defendants owed to the plaintiff in connection with the particular subject-matter, and the breach of that duty by the defendants. The duty is defined by the law; the breach of that duty is determined by the…