Legal Opinion
Harrell v. Mayfield
Court of Appeals of Georgia
Decided February 9, 1968No. 43087PublishedCited by 2 opinions
1Opinion of the Court
Whitman, Judge.
The several enumerations are that it was error to overrule the defendant’s motion to dismiss in the nature of a general demurrer.
The general rules of pleading supported by numerous negligence cases in Georgia, other than cases involving the relation of master and servant, are that a plaintiff is ordinarily not required in his petition to negative a defense of contributory negligence (Shipman v. Johnson, 87 Ga. App. 538, 542 (74 SE2d 557); Redding v. Sinclair Refining Co., 105 Ga. App. 375, 377 (124 SE2d 688); Fricks v. Cole, 109 Ga. App. 143, 146 (135 SE2d 512)), but a demurrer…
2Cases cited13 opinions
- Redding v. Sinclair Refining Co.Court of Appeals of Georgia · 1962
- Misenhamer v. PharrCourt of Appeals of Georgia · 1959
- Holman v. American Automobile Insurance CompanySupreme Court of Georgia · 1946
- Ogain v. Imperial Cafe Inc.Court of Appeals of Georgia · 1920
- Williams v. OwensCourt of Appeals of Georgia · 1952
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Taff v. HarrisCourt of Appeals of Georgia · 1968
- Vaughn v. McDanielCourt of Appeals of Georgia · 1968