Legal Opinion · Dissent

Gregory v. Johnson

Court of Appeals of Georgia

Decided July 16, 1981No. 61183Published

1DissentCarley, Judge

Since I cannot agree that the trial court correctly granted summary judgment in this case, I must respectfully dissent.

*324The major case upon which the majority relies is Savannah, F. & W. R. Co. v. Beavers, 113 Ga. 398 (39 SE 82) (1901). Beavers is oft cited as the case which limited — almost to the point of creating permanent atrophy — the doctrine of attractive nuisance as adopted in Georgia in the case of Ferguson v. Columbus & Rome, R., 75 Ga. 637 (1885); s.c., 77 Ga. 102 (1886). Ferguson held that “[w]here a railroad company leaves a dangerous machine, such as a turn-table, unfastened in a…

2Cases cited5 opinions

  1. Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
  2. Ferguson v. Columbus & Rome RailwaySupreme Court of Georgia · 1885
  3. Montega Corp. v. GroomsCourt of Appeals of Georgia · 1973
  4. Ferguson v. Columbus & Rome RailwaySupreme Court of Georgia · 1886
  5. Carter v. LaManceCourt of Appeals of Georgia · 1930

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