Bell v. Fitz

A cause of action is made up of two elements; namely, a duty and a breach of it. Allegations of fact from which the law will raise a duty, rather than mere allegations that it was the duty of a defendant to do certain things, have always been preferred. It is permissible, however, to set forth the facts, and then conclude that these facts raise a duty which the defendant has breached. Demurrer will then raise the question whether the conclusion is good in law. Southern Railway Co. v. Liley, 75 Ga. App. 489 (43 S. E. 2d, 576).

The plaintiffs allege that they stored their household goods and…