Ogain v. Imperial Cafe Inc.
Court of Appeals of Georgia
Action for damages; from Pulton superior court— Judge Pendleton. December 8, 1919.' The action was for damages on account of personal injuries alleged to have been caused by slipping and falling when the plaintiff— a waitress in the defendant’s café-—’Stepped upon “a great wad or chunk of butter” on a tile floor in an unlighted and dark part of the café.
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Action for damages; from Pulton superior court— Judge Pendleton. December 8, 1919.' The action was for damages on account of personal injuries alleged to have been caused by slipping and falling when the plaintiff— a waitress in the defendant’s café-—’Stepped upon “a great wad or chunk of butter” on a tile floor in an unlighted and dark part of the café. The petition as amended alleges, in brief, that she commenced work in the café at f o’clock a.m. on the 30th of June, 1919, and in the course of her work and at the direction of the manager of the café she went from the place of serving meals…
1Opinion of the CourtLuke, J.
The petition did not set forth a legal cause of action for damages, and it was not error to sustain the general demurrer thereto. This case is controlled by Day v. Graybill, 24 Ga. App. 524 (101 S. E. 759),.and cases cited. See also Civil Code (1910), § 3131.
Judgment affirmed.
Broyles, C. J., and Bloodworth, J., concur. Citations by counsel:
Park’s Ann. Code, § 3131; 145 Ga. 732; 92 Ga. 495; 11 Ga. App. 836; 18 Ga. App. 189, 190; 19 Ga. App. 521; Id. 714; 24 'Ga. App. 524.
James & Bedgood, John H. Hudson, for plaintiff. McCallum & Sims, for defendant.
2Cases cited5 opinions
- Day & Co. v. GraybillCourt of Appeals of Georgia · 1919
- Stubbs v. Atlanta Cotton-Seed Oil MillsSupreme Court of Georgia · 1893
- Jellico v. White & Co.Court of Appeals of Georgia · 1912
- Rush v. Southern Railway Co.Court of Appeals of Georgia · 1917
- Kirbo v. Southern Railway Co.Court of Appeals of Georgia · 1916
3Cited by19 opinions
- Gibson v. Consolidated Credit Corp.Court of Appeals of Georgia · 1964
- Hendricks v. JonesCourt of Appeals of Georgia · 1922
- Pilgreen v. HansonCourt of Appeals of Georgia · 1954
- Ford v. S. A. Lynch CorporationCourt of Appeals of Georgia · 1949
- Moore v. Sears, Roebuck & Co.Court of Appeals of Georgia · 1931
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