Legal Opinion

Anderson v. Wilson

Court of Appeals of Georgia

Decided July 1, 1966No. 41831; 41832PublishedCited by 2 opinions

1Opinion of the Court

Felton, Chief Judge.

In an action founded upon negligence, mere general averments of negligence are sufficient as against a general demurrer. Hudgins v. Coca-Cola Bottling Co., 122 Ga. 695 (1) (50 SE 974); Close v. Rape, 109 Ga. App. 230 (136 SE2d *2116) and cit. “It is well-settled law that questions of negligence, diligence, contributory negligence, proximate cause, and the exercise of ordinary care for one’s protection, ordinarily are to be decided by a jury, and a court should not decide them on demurrer, except in plain and indisputable cases.” De Golian v. Faulkner, 74 Ga. App. 866, 869 (41…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Hudgins v. Coca Cola Bottling Co.Supreme Court of Georgia · 1905
  2. De Golian v. FaulknerCourt of Appeals of Georgia · 1947
  3. Close v. RapeCourt of Appeals of Georgia · 1964

3Cited by2 opinions

  1. Braswell v. Owen of Georgia, Inc.Court of Appeals of Georgia · 1973
  2. SAVANNAH ICE DELIVERY COMPANY v. AyersCourt of Appeals of Georgia · 1972

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