Card v. Chichester's Baconsfield Pharmacy, Inc.
| Decision Date | 16 March 1965 |
| Docket Number | No. 3,No. 41057,41057,3 |
| Citation | 141 S.E.2d 790,111 Ga.App. 358 |
| Parties | James CARD v. CHICHESTER'S BACONSFIELD PHARMACY, INC |
| Court | Georgia Court of Appeals |
Adams, O'Neal, Steele, Thornton & Hemingway, H. T. O'Neal, Jr., Macon, for plaintiff in error.
Jones, Sparks, Benton & Cork, Frank C. Jones, Macon, for defendant in error.
Syllabus Opinion by the Court
This case is controlled adversely to the plaintiff in error by the case of Gibson v. Consolidated Credit Corp., 110 Ga.App. 170, 138 S.E.2d 77. In division 2 of the opinion in Gibson, the principal holding is that the petition did not state a cause of action against the defendant for negligence since nothing was alleged which, if proved, would be sufficient to show negligence. That holding at least in the badly split decision received the unquestioned concurrence of five judges, a majority of the court. See Judge Hall's special concurrence in which he agreed fully with Judge Eberhardt's view on this point.
The petition here in all material aspects has such a resemblance to the petition in Gibson as to be essentially the same. It follows that the holding in Gibson is applicable here and requires affirmance of the trial court's judgment in sustaining the defendant's general demurrer and dismissing the plaintiff's petition.
Judgment affirmed.
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...when it is continually raining. Gibson v. Consolidated Credit Corp., 110 Ga.App. 170(2)(c), 138 S.E.2d 77; Card v. Chichester's Baconsfield Pharmacy, 111 Ga.App. 358, 141 S.E.2d 790; Angel v. Varsity, Inc., 113 Ga.App. 507, 148 S.E.2d 451. If a business proprietor is not required to be cont......
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...when it is continually raining. Gibson v. Consolidated Credit Corp., 110 Ga.App. 170(2)(c), 138 S.E.2d 77; Card v. Chichester's Baconsfield Pharmacy, 111 Ga.App. 358, 141 S.E.2d 790; Angel v. Varsity, Inc., 113 Ga.App. 507, 148 S.E.2d 451.' Bryant v. Rucker, 121 Ga.App. 395, 396, 173 S.E.2d......
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