Legal Opinion · Dissent

Crane v. Doolittle

Court of Appeals of Georgia

Decided February 27, 1967No. 42406Published

1DissentDeen, Judge

I concur in Divisions 2 and 3 of the majority opinion, but dissent as to Division 1.

Where a petition in a negligence case fails to set forth facts from which it appears that the defendant was negligent or that his negligence was the proximate cause of the plaintiff’s injuries, the petition is subject to general demurrer. Goodrum v. Jenkins, 91 Ga. App. 377 (85 SE2d 633). The allegations of the pleader must be construed against her, and while facts well pleaded are taken as admitted, the conclusions of the pleader unsupported by any factual statement will not be. Ford v. S. A. Lynch Corp., 79…

2Cases cited6 opinions

  1. Rogers v. JohnsonCourt of Appeals of Georgia · 1956
  2. Cox v. NorrisCourt of Appeals of Georgia · 1944
  3. Ford v. S. A. Lynch CorporationCourt of Appeals of Georgia · 1949
  4. Dowling v. SouthwellCourt of Appeals of Georgia · 1957
  5. Belch v. SprayberryCourt of Appeals of Georgia · 1958

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