Legal Opinion
S. H. Kress & Co. v. Flanigan
Court of Appeals of Georgia
Decided March 9, 1961No. 38701PublishedCited by 15 opinions
1Opinion of the Court
Nichols, Judge.
1. In support of its first contention, that the petition fails to allege actionable negligence, the defendant cites Jones v. West End Theatre Co., 94 Ga. App. 299, 303 (94 S. E. 2d 135), where it was held that an allegation that a defective condition had existed for a period of ten minutes was insufficient to authorize a recovery where only implied knowledge of such defect was alleged. In that case it was alleged that the defective condition had existed for “ten or fifteen minutes” and, while in the present case there is no allegation as to the length of time (in minutes, hours…
2Cases cited5 opinions
- Henderson v. Nolting First Mortgage Corp.Supreme Court of Georgia · 1937
- Jones v. West End Theatre Co.Court of Appeals of Georgia · 1956
- AMERICAN LEGION &C. v. SimontonCourt of Appeals of Georgia · 1956
- White v. City of ManchesterCourt of Appeals of Georgia · 1955
- Le Blanc v. JollyCourt of Appeals of Georgia · 1955
3Cited by15 opinions
- Winn-Dixie Stores, Inc. v. HardyCourt of Appeals of Georgia · 1976
- Mitchell v. Food Giant, Inc.Court of Appeals of Georgia · 1985
- Banks v. Colonial Stores, Inc.Court of Appeals of Georgia · 1968
- Jones v. Krystal Co.Court of Appeals of Georgia · 1998
- Kroger Co. v. BrooksCourt of Appeals of Georgia · 1998
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