Spires v. Goldberg
Court of Appeals of Georgia
Action for damages; from Richmond superior court- — -Judge Henry C. Hammond. December 4, 1920. The petition, briefly stated, makes the following allegations: In November, 1919, the defendants sold to a named minor, about fourteen years of age, a pistol and loaded cartridges to be used in it; and in the following January this minor loaned the pistol to a minor of about the same age, for the purpose of using it in target practicing.
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Action for damages; from Richmond superior court- — -Judge Henry C. Hammond. December 4, 1920. The petition, briefly stated, makes the following allegations: In November, 1919, the defendants sold to a named minor, about fourteen years of age, a pistol and loaded cartridges to be used in it; and in the following January this minor loaned the pistol to a minor of about the same age, for the purpose of using it in target practicing. Two days later this second minor took the pistol to school, for the purpose of returning it, and while he was playing with it and demonstrating it to another minor,…
1Opinion of the CourtHill, J.
(After stating, the foregoing facts.) Section 350 of the Penal Code of this State (1910) forbids the sale of pistols to minors and makes the violation of the statute a misdemeanor. It has been uniformly held in this State that a violation of a penal statute, resulting in injury, is negligence per se and authorizes a recovery by the party injured, without other negligence. Platt v. Southern Photo Material Co., 4 Ga. App. 159 (60 S. E. 1068); Elk Cotton Mills v. Grant, 140 Ga. 729 (79 S. E. 836, 48 L. R. A. (N. S.) 656). There is no doubt as to this legal proposition; and if the minor who…
2Cases cited10 opinions
- Southern Railway Co. v. WebbSupreme Court of Georgia · 1902
- Binford v. JohnstonIndiana Supreme Court · 1882
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
- Platt v. Southern Photo Material Co.Court of Appeals of Georgia · 1908
- Bonner v. Standard Oil Co.Court of Appeals of Georgia · 1918
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- City of New York v. A-1 Jewelry & Pawn, Inc.District Court, E.D. New York · 2007
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