Curl v. Cherry
Court of Appeals of Georgia
1Opinion of the Court
Eberhardt Judge.
In accordance with the well-settled rule that ambiguous pleadings are to be construed most strongly against the pleader and that pleadings are to be construed in the light of their omissions as well as their averments, the failure of the plaintiff to allege facts as to what status he 'occupied on the defendant’s property will be construed as an allegation that the plaintiff was a bare licensee or a trespasser. Cook v. Southern Ry. Co., 53 Ga. App. 723 (187 SE 274); Piggly Wiggly, Macon, Inc. v. Kelsey, 83 Ga. App. 526 (64 SE2d 201); Ricks v. Boatwright, 95 Ga. App. 267 (97…
2Cases cited4 opinions
- Mandeville Mills v. DaleCourt of Appeals of Georgia · 1907
- Cook v. Southern Railway Co.Court of Appeals of Georgia · 1936
- Piggly Wiggly, MacOn Inc. v. KelseyCourt of Appeals of Georgia · 1951
- Ricks v. BoatwrightCourt of Appeals of Georgia · 1957
3Cited by3 opinions
- Herrin v. LámarCourt of Appeals of Georgia · 1962
- Gillon v. JohnsCourt of Appeals of Georgia · 1962
- Hospital Authority v. MorelliCourt of Appeals of Georgia · 1967