Legal Opinion

Stewart v. Gainesville Glass Co.

Court of Appeals of Georgia

Decided April 12, 1974No. 48839PublishedCited by 44 opinions

1Opinion of the Court

Eberhardt, Presiding Judge.

While we agree that the result sought by appellant is a very desirable one and that it is compatible with general commercial practices extant in this country, yet *751we have been unable to square it with the law as heretofore decided and by which we are bound.

Prior to 1957 when the Manufacturer’s Liability statute was adopted (Ga. L. 1957, p. 405), there could be no tort liability against the manufacturer of an item beyond the first purchaser or consumer. An exception appeared when sealed packages were sold first to a wholesaler and then to a retailer before it reached…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. SPIRES Et Ux. v. Hanover Fire Ins. Co.Supreme Court of Pennsylvania · 1950
  2. Watson v. Augusta Brewing Co.Supreme Court of Georgia · 1905
  3. Smith v. WilliamsSupreme Court of Georgia · 1903
  4. Blood Balm Co. v. CooperSupreme Court of Georgia · 1889
  5. Chaffin v. Atlanta Coca Cola Bottling Co.Court of Appeals of Georgia · 1972

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

3Cited by44 opinions

  1. Miree v. United StatesSupreme Court of Georgia · 1978
  2. Backus v. ChilivisSupreme Court of Georgia · 1976
  3. Simpson Consulting, Inc. v. Barclays Bank PLCCourt of Appeals of Georgia · 1997
  4. Irvin v. Lowe's of Gainesville, Inc.Court of Appeals of Georgia · 1983
  5. FPI Atlanta, L.P. v. SeatonCourt of Appeals of Georgia · 1999

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

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