Callaway v. Livingston
Court of Appeals of Georgia
Action for damages; from Bichmond superior court — Judge Henry C. Hammond. December 31, 1921. Solomon Livingston brought suit against E. H. Callaway in his representative capacity as executor of the estate of J. B. White, deceased.
Read the full summary
Action for damages; from Bichmond superior court — Judge Henry C. Hammond. December 31, 1921. Solomon Livingston brought suit against E. H. Callaway in his representative capacity as executor of the estate of J. B. White, deceased. The substance of the material allegations of the petition as amended is: that J. B. White, deceased, was, from August 1, 1900, until March 31, 1917 — the date of his death — the owner of a certain lot and building on Broad street in Augusta, Georgia; that extending through the roof of said building was a brick chimney about seven feet high, constructed of brick and…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts.) In our opinion the petition failed to set out a cause of action, and the trial judge erred in overruling the general demurrer interposed. The petition affirmatively shows that it is based upon acts of negligence alleged to have occurred prior to the death of White, and upon negligence alleged to have occurred after his death.
Under the settled law of this State no recovery can be had for the acts of negligence on the part of White, his agents or representatives, alleged to have occurred prior to his death, since no suit based upon such acts 'was pending at…
2Cases cited14 opinions
- Southern Bell Telephone & Telegraph Co. v. CassinSupreme Court of Georgia · 1900
- Frazier v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1897
- King v. Southern Railway Co.Supreme Court of Georgia · 1906
- Shepherd v. Southern Pine Co.Supreme Court of Georgia · 1903
- Peebles v. Charleston & Western Carolina Railway Co.Court of Appeals of Georgia · 1910
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Evans v. DickeyCourt of Appeals of Georgia · 1934
- Alexander v. DeanCourt of Appeals of Georgia · 1923
- Davis v. Atlanta Gas Light Co.Court of Appeals of Georgia · 1950
- Citizens & Southern National Bank v. HendricksSupreme Court of Georgia · 1933
- Tufts v. ThrelkeldCourt of Appeals of Georgia · 1923
4 more not listed; retrieve them via the Exa API.