Legal Opinion
Shannon v. Bigelow-Sanford &C. Co., Inc.
Court of Appeals of Georgia
Decided October 4, 1957No. 36811PublishedCited by 13 opinions
1Opinion of the CourtCarlisle, J.
While a petition must be construed on general demurrer most strongly against the plaintiff, this rule of construction is applicable only where the allegations are ambiguous and open to construction. Wolf v. Arant, 88 Ga. App. 568, 570 (77 S. E. 2d 116). A rule which is equally as well established as the foregoing is that on general demurrer the facts alleged in the petition must be taken as true, and unless an inference of contributory negligence on the part of the plaintiff is demanded, that question is one for the jury. Doby v. W. L. Florence Construction Co., 71 Ga. App. 888, 889 (5) (32…
2Cases cited22 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Mandeville Mills v. DaleCourt of Appeals of Georgia · 1907
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Wynne v. Southern Bell Telephone & Telegraph Co.Supreme Court of Georgia · 1925
- Crossgrove v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1923
17 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jiffy Markets, Inc. v. Vernon J. VogelCourt of Appeals for the Eighth Circuit · 1965
- Colonial Stores, Inc. v. DonovanCourt of Appeals of Georgia · 1967
- Brown v. Alabama Foods, Inc.District of Columbia Court of Appeals · 1963
- Moody v. Southland Investment Corp.Court of Appeals of Georgia · 1972
- Harvill v. Swift & CompanyCourt of Appeals of Georgia · 1960
8 more not listed; retrieve them via the Exa API.