Legal Opinion

Barrow v. James

Court of Appeals of Georgia

Decided February 21, 1963No. 39914PublishedCited by 10 opinions

1Opinion of the Court

Rtjssbll, Judge.

1. The petition in this case sets out a cause of action based on one act of negligence only: the failure of a property owner to maintain his premises in a safe condition in that the top step of a flight of stairs contained a loose step which tilted when the plaintiff’s weight was applied to it and threw her down the stairs. For the plaintiff to recover it was accordingly necessaiy for her to prove such negligence on the part of the defendant. Barrow v. James, 104 Ga. App. 345 (121 SE2d 700).

2. The testimony of a party litigant which is inconclusive and ambiguous must, even as…

2Cases cited8 opinions

  1. McCrory Stores Corporation v. AhernCourt of Appeals of Georgia · 1941
  2. Central of Georgia Railway Co. v. RobertsSupreme Court of Georgia · 1957
  3. Harvey v. DeWeillCourt of Appeals of Georgia · 1960
  4. Reynolds v. Mion & Murray Co.Court of Appeals of Georgia · 1955
  5. Farmers Peanut Co. v. Zimmerman-Alderson-Carr Co.Court of Appeals of Georgia · 1935

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3Cited by10 opinions

  1. Stuckey's Carriage Inn v. PhillipsCourt of Appeals of Georgia · 1970
  2. Johnson v. CurentonCourt of Appeals of Georgia · 1972
  3. Garnett v. MathisonCourt of Appeals of Georgia · 1986
  4. McKnight v. GuffinCourt of Appeals of Georgia · 1968
  5. Soucy v. AlexanderCourt of Appeals of Georgia · 1984

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