Legal Opinion

Daneker v. Megrue

Court of Appeals of Georgia

Decided September 6, 1966No. 42160PublishedCited by 14 opinions

1Opinion of the Court

Hall, Judge.

The petition shows no more than that the defendant had constructive knowledge that the dirt upon which he placed one side of the ladder was soft. The allegation that the defendant knew this because the ladder had gone into the earth when he used it two weeks before the plaintiff fell, and the allegation that the defendant had himself successfully climbed the ladder just before the plaintiff do not support a conclusion that the defendant had actual knowledge of the condition at that time. See Etheridge Motors, Inc. v. Haynie, 103 Ga. App. 676, 679 (120 SE2d 317); 71 CJS 66,…

2Cases cited3 opinions

  1. Fulton Ice & Coal Co. v. PeceCourt of Appeals of Georgia · 1923
  2. Greene v. Sibley, Lindsay & Curr Co.New York Court of Appeals · 1931
  3. Etheridge Motors, Inc. v. HaynieCourt of Appeals of Georgia · 1961

3Cited by14 opinions

  1. Wakefield v. AR Winter Co., Inc.Court of Appeals of Georgia · 1970
  2. Ellington v. Tolar Consruction Co.Supreme Court of Georgia · 1976
  3. Shockley v. Zayre of Atlanta, Inc.Court of Appeals of Georgia · 1968
  4. Standard Oil Company v. HarrisCourt of Appeals of Georgia · 1969
  5. Slaughter v. SlaughterCourt of Appeals of Georgia · 1970

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