Legal Opinion

Ogletree v. Kirven

Court of Appeals of Georgia

Decided September 25, 1961No. 39088PublishedCited by 2 opinions

1Opinion of the Court

Carlisle, Presiding Judge.

1. As against a general demurrer mere general allegations of negligence are sufficient. Kemp v. Central of Ga. Ry. Co., 122 Ga. 559, 562 (50 SE 465); Hudgins v. Coca-Cola Bottling Co., 122 Ga. 695, 698 (50 SE 974); Trammell v. Columbus R. Co., 9 Ga. App. 98 (5) (70 SE 892).

2. In an action founded on negligence all that is needed to overcome the attack of a general demurrer is an allegation of facts showing the existence of a duty owing to the plaintiff by the defendant, a violation of that duty by the defendant and injury resulting to the plaintiff proximately from…

2Cases cited5 opinions

  1. Hudgins v. Coca Cola Bottling Co.Supreme Court of Georgia · 1905
  2. Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
  3. Bell v. FitzCourt of Appeals of Georgia · 1951
  4. Clarke County School District v. MaddenCourt of Appeals of Georgia · 1959
  5. Trammell v. Columbus RailroadCourt of Appeals of Georgia · 1911

3Cited by2 opinions

  1. Corder v. Fulton National BankSupreme Court of Georgia · 1967
  2. Close v. RapeCourt of Appeals of Georgia · 1964

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