Legal Opinion

Bennett v. Smith

Court of Appeals of Georgia

Decided September 5, 1979No. 58159PublishedCited by 5 opinions

1Opinion of the Court

Birdsong, Judge.

Appellants brought an action in tort against appellee alleging that as a result of Smith’s negligent delivery of contaminated pre-lay feed, appellants’ hens stopped laying eggs. At trial, the trial court granted Smith’s motion for directed verdict on the ground that appellants failed to introduce sufficient evidence on the question of damages. The court ruled that under Radlo of Ga. v. Little, 129 Ga. App. 530 (199 SE2d 835), Smith was entitled to a directed verdict because (1) appellants had not shown a profit in their year-old business and (2) appellants introduced no…

2Cases cited5 opinions

  1. Studebaker Corporation v. NailCourt of Appeals of Georgia · 1950
  2. National Refrigerator & Butchers Supply Co. v. ParmaleeCourt of Appeals of Georgia · 1911
  3. Kitchens v. LoweCourt of Appeals of Georgia · 1976
  4. Radlo of Georgia, Inc. v. LittleCourt of Appeals of Georgia · 1973
  5. Silco, Inc. v. GWINNETT COUNTY HOSPITAL AUTHORITYCourt of Appeals of Georgia · 1979

3Cited by5 opinions

  1. Bennett v. SmithSupreme Court of Georgia · 1980
  2. John D. Robinson Corp. v. Southern Marine & Industrial Supply Co.Court of Appeals of Georgia · 1990
  3. Bennett v. SmithCourt of Appeals of Georgia · 1979
  4. Bennett v. SmithCourt of Appeals of Georgia · 1980
  5. John D. Robinson Corp. v. Southern Marine & Industrial Supply Co.Court of Appeals of Georgia · 1990

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