Lipscomb v. Watkins
Court of Appeals of Georgia
Action for damages; from Rabun superior court — Judge J. B. Jones. March 7, 1921.
1Opinion of the CourtJenkins, J.
1. “A tort is a legal wrong committed upon the person or property, independent of contract.” Civil Code (1910), § 4403. It may, however, arise from “ the violation of some private obligation, by which like damage accrues to the individual.” Civil Code (1910), § 4403 (3). Thus, while an action should sound in contract whenever the act complained of consists in the violation of some specific duty expressly provided for by the contract itself (Howard v. Central of Georgia Ry. Co., 9 Ga. App. 617, 619, 71 S. E. 1017), yet where the wrong consists of the violation of some duty merely incident to…
2Cases cited10 opinions
- City & Suburban Railway v. BraussSupreme Court of Georgia · 1883
- Fain v. WilkersonCourt of Appeals of Georgia · 1918
- Owens v. NicholsSupreme Court of Georgia · 1913
- Stoddard v. CampbellCourt of Appeals of Georgia · 1921
- Wolff v. Southern Railway Co.Supreme Court of Georgia · 1908
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3Cited by12 opinions
- Mauldin v. ShefferCourt of Appeals of Georgia · 1966
- Porter v. Davey Tree-Expert Co.Court of Appeals of Georgia · 1925
- Lawrence v. Atlanta Gas-Light Co.Court of Appeals of Georgia · 1934
- State Farm Mutual Automobile Insurance Company v. Harvey Thomas Smoot, Jr.Court of Appeals for the Fifth Circuit · 1967
- Rodrigue v. MendenhallCourt of Appeals of Georgia · 1978
7 more not listed; retrieve them via the Exa API.