Donaldson v. Great Atlantic & Pacific Tea Co.

'Stephens, P. J.

1. Where an act which is in violation of a statute is ¿lleged as the foundation of the plaintiff’s right to recover, and where'the act by reason of its'being in violation of the statute constitutes negligence per >se, it is not essential to the plaintiff’s right to rely upon the act as constituting negligence per *80se-to plead the statute and to allege that the act complained of was a violation thereof. Gainesville Midland Ry. v. Vandiver, 141 Ga. 350 (80 8. E. 997); Youmans v. Georgia & Florida Ry. Co., 142 Ga. 781 (83 S. E. 784); Alkinson v. Hardaway, 10 Ga. App. 389 (73 S. E.…