Legal Opinion
Condenser Service & Engineering Co. v. Brunswick Port Authority
Court of Appeals of Georgia
Decided January 28, 1953No. 34301PublishedCited by 18 opinions
1Opinion of the Court
Felton, J>
None of the counts is subject to the general or special demurrers insofar as the allegations of negligence in failing to anticipate the danger from the squall and to guard against it are concerned. The allegations in these counts do not show that the damages resulted from an act of God.
The first count is duplicitous, in that it seems to be predicated on two different theories: first, the duty of the defendant as sublessee to exercise ordinary care in using the crane (6 Am. Jur. 404, § 306); and second, the theory of disregarding the separate entities of the defendant and its…
2Cases cited9 opinions
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Exchange Bank v. Macon Construction Co.Supreme Court of Georgia · 1895
- Shingler v. ShinglerSupreme Court of Georgia · 1937
- Schwob Manufacturing Company v. HuietCourt of Appeals of Georgia · 1943
- Liberty Lumber Co. v. SilasSupreme Court of Georgia · 1936
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Farmers Warehouse of Pelham, Inc. v. CollinsSupreme Court of Georgia · 1964
- Gray v. Edgewater Landing, Inc.Mississippi Supreme Court · 1989
- Amason v. WhiteheadCourt of Appeals of Georgia · 1988
- United States v. Fidelity Capital Corporation, a Georgia Corporation, Commonwealth Mortgage Corporation of America, Intervenor-AppelleeCourt of Appeals for the Eleventh Circuit · 1991
- Molly Pitcher Canning Co. v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1979
13 more not listed; retrieve them via the Exa API.