Mayor of Unadilla v. Felder
Supreme Court of Georgia
Action for damages. Before Judge George. Dooly superior court. August 5, 1915. Noel M. Felder, by next friend, instituted an action for damages against the Mayor and Council of Unadilla, a municipal corporation. The defendant demurred to the petition, and excepted to the judgment overruling the demurrer.
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Action for damages. Before Judge George. Dooly superior court. August 5, 1915. Noel M. Felder, by next friend, instituted an action for damages against the Mayor and Council of Unadilla, a municipal corporation. The defendant demurred to the petition, and excepted to the judgment overruling the demurrer. The petition, as amended, alleged the following, in substance: The defendant maintained and operated an acetylene gas-plant located immediately north of Borum Avenue, which was a street that extended east and west through the town. In operating the gas-plant the defendant “allowed a…
1Opinion of the CourtAtkinson, J.
(After stating the foregoing facts.)
1. The first question to be considered is whether the petition alleges a case of negligence against the defendant. Giving due weight to the language of the petition descriptive of the character of the thing which was allowed to escape from the defendant’s gas-plant, and the effect thereof upon the plaintiff when brought in contact with his person, the petition is to be construed as alleging *442that the thing was inherently dangerous, and needed only to be brought in contact with the person of an individual to produce injury. The danger was a peculiar one, and…
2Cases cited16 opinions
- Southern Railway Co. v. WebbSupreme Court of Georgia · 1902
- Western & Atlantic Railroad v. Dalton Marble WorksSupreme Court of Georgia · 1905
- Irvine v. Town of GreenwoodSupreme Court of South Carolina · 1911
- Perry v. Central RailroadSupreme Court of Georgia · 1881
- Reed v. Southern Express Co.Supreme Court of Georgia · 1894
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3Cited by23 opinions
- Colby v. Columbia CountyWisconsin Supreme Court · 1996
- Bonner v. Standard Oil Co.Court of Appeals of Georgia · 1918
- Spires v. GoldbergCourt of Appeals of Georgia · 1921
- Wright v. Southern Railway Co.Court of Appeals of Georgia · 1940
- Larkin v. AndrewsCourt of Appeals of Georgia · 1921
18 more not listed; retrieve them via the Exa API.