Gavan v. Norcross
Supreme Court of Georgia
Complaint for damages. Before Judge Reid. City court of Atlanta. March 14, 1902. The action was dismissed upon demurrer on the ground that the allegations did not authorize the plaintiff to recover.
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Complaint for damages. Before Judge Reid. City court of Atlanta. March 14, 1902. The action was dismissed upon demurrer on the ground that the allegations did not authorize the plaintiff to recover. It appears that on June 23, 1893, the parties entered into a contract whereby the plaintiff rented of the defendant a storeroom at number 14 Peach-tree street, in the Norcross building in Atlanta, for a term beginning on July 1, 1893, and ending on October 31, 1895, at $80 per month. It was agreed “that if said property shall be destroyed, or so damaged by fire as to become untenable, then the…
1Opinion of the CourtLamar, J.
1. If the petition had alleged that with ordinary care the roof could have been repaired within a given time, and that after the expiration of the time within which it could" have been put in position to protect the plaintiff’s merchandise from the weather, and in spite of all that the plaintiff in the exercise of ordinary diligence could do to prevent the injury, his stock was damaged by the rain, a cause of action would have been stated. But, so far as this petition shows, the rain may have fallen the day after the fire. It does not appear when the damage was done — whether before or after…
2Cases cited7 opinions
- Doupe v. . GeninNew York Court of Appeals · 1871
- Gulliver v. FowlerSupreme Court of Connecticut · 1894
- Rogers v. SnowMassachusetts Supreme Judicial Court · 1875
- Alexander v. DorseySupreme Court of Georgia · 1852
- Atlanta Consolidated Street Railway Co. v. ArnoldSupreme Court of Georgia · 1897
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3Cited by16 opinions
- Lawrence v. WhiteSupreme Court of Georgia · 1909
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Longbotham v. TakeokaOregon Supreme Court · 1925
- Globe & Rutgers Fire Insurance v. Atlantic & Gulf Shipping Co.Court of Appeals of Georgia · 1935
- Cohen Bros. v. KrumbeinCourt of Appeals of Georgia · 1922
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