Legal Opinion

Rollestone v. Cassirer & Co.

Court of Appeals of Georgia

Decided November 27, 1907No. 656PublishedCited by 96 opinions

Action for damages, from city court of Atlanta- — Judge Eeid. January 10, 1907. For the negligent homicide of her husband, Mrs. Eollestone .sued Cassirer & Company, on a petition which, omitting formal parts, is as follows: “That said Cassirer & Company were engaged, on October 25, 1906, and for several years prior thereto, in the saloon business at No. 97 Whitehall street, city of Atlanta, said county.

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Action for damages, from city court of Atlanta- — Judge Eeid. January 10, 1907. For the negligent homicide of her husband, Mrs. Eollestone .sued Cassirer & Company, on a petition which, omitting formal parts, is as follows: “That said Cassirer & Company were engaged, on October 25, 1906, and for several years prior thereto, in the saloon business at No. 97 Whitehall street, city of Atlanta, said county. That said place conducted by defendants was and is a public barroom openly run to furnish alcoholic drinks and other goods intoxicating contained therein to the general public. That said place…

1Opinion of the CourtPowell, J.

1. The different aspects in which the liability of the owner or proprietor of premises for injuries received by persons present thereon might be viewed were pointed out and discussed by this court at some length in the case of Mandeville Mills v. Dale, 2 Ga. App. 609 (58 S. E. 1060). If the deceased was on the premises by invitation, express or implied, the proprietor of the saloon was under a higher duty to him than if he was there' -as a bare licensee. It is conceded that ordinarily the opening ■of a public place of business is an invitation to members of the public to come in and transact…

2Cases cited42 opinions

  1. Bennett v. Railroad Co.Supreme Court of the United States · 1881
  2. Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
  3. Mandeville Mills v. DaleCourt of Appeals of Georgia · 1907
  4. Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
  5. Penso v. McCormickIndiana Supreme Court · 1890

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3Cited by96 opinions

  1. Southland Butane Gas Co. v. BlackwellSupreme Court of Georgia · 1955
  2. Powell v. BerrySupreme Court of Georgia · 1916
  3. Crossgrove v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1923
  4. Coffer v. BradshawCourt of Appeals of Georgia · 1932
  5. Cook v. Southern Railway Co.Court of Appeals of Georgia · 1936

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