Legal Opinion
Brooks v. Ready Mix Concrete Co.
Court of Appeals of Georgia
Decided November 20, 1956No. 36392PublishedCited by 24 opinions
1Opinion of the CourtFelton, C. J.
The petition seeks recovery on the theory that the defendant is liable without negligence or fault for a direct trespass upon the plaintiff’s property. The defendant contends that the damage was indirect or consequential and that negligence is prerequisite to the cause of action. This seems to be a case of first impression in this State as to the particular facts alleged.
1. The common law of force prior to May 14, 1776, is of force in Georgia except where modified by statute or not adjusted to our situation. Flint River Steamboat Co. v. Foster, 5 Ga. 194, 195 (5) (48 Am. D. 248); Harris v.…
2Cases cited9 opinions
- Flint River Steamboat Co. v. FosterSupreme Court of Georgia · 1848
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Athens Manufacturing Co. v. RuckerSupreme Court of Georgia · 1887
- Harris v. PowersSupreme Court of Georgia · 1907
- Gainesville, Jefferson & Southern Railroad v. EdmondsonSupreme Court of Georgia · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Berg v. Reaction Motors DivisionSupreme Court of New Jersey · 1962
- Berger v. Plantation Pipeline Co.Court of Appeals of Georgia · 1970
- Barrow v. Georgia Lightweight Aggregate Co.Court of Appeals of Georgia · 1961
- Yukon Equipment, Inc. v. Fireman's Fund Insurance Co.Alaska Supreme Court · 1978
- Lanier v. BurnetteCourt of Appeals of Georgia · 2000
19 more not listed; retrieve them via the Exa API.