Legal Opinion

Brewer v. Southern Gas Corp.

Court of Appeals of Georgia

Decided April 7, 1954No. 35044PublishedCited by 4 opinions

1Opinion of the CourtGardner, P. J.

1. Code § 3-1004 provides: “Actions for injuries to the person shall be brought within two years after the right of action accrues. . .” This court held in Dowling v. Lester, 74 Ga. App. 290 (2) (39 S. E. 2d 576): “In an action for personal injuries based upon alleged negligence of the defendant in serving food with a rock or other similar substance therein, the statute of limitations commences to run from the breach of duty, and not from the time when the extent of the resulting injury is ascertained.”

See, to the same effect, Silvertooth v. Shallenberger, 49 Ga. App. 133 (2) (174 S. E. 365),…

2Cases cited3 opinions

  1. Silvertooth v. ShallenbergerCourt of Appeals of Georgia · 1934
  2. Gould v. PalmerSupreme Court of Georgia · 1895
  3. Dowling v. LesterCourt of Appeals of Georgia · 1946

3Cited by4 opinions

  1. Schaefer v. Mayor &C. of AthensCourt of Appeals of Georgia · 1969
  2. Lankford v. Trust Co. BankCourt of Appeals of Georgia · 1977
  3. Lavender v. SpetalnickCourt of Appeals of Georgia · 1982
  4. Cheney v. Syntex Laboratories, Inc.District Court, N.D. Georgia · 1967

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