Crews v. Slappey

Decision Date15 October 1964
Docket NumberNo. 3,40972,Nos. 40971,s. 40971,3
PartiesLola I. CREWS v. Thomas L. SLAPPEY (two cases)
CourtGeorgia Court of Appeals

Bruce B. Edwards, Atlanta, for plaintiff in error.

Dennis & Barton, Atlanta, for defendant in error.

Syllabus Opinion by the Court.

EBERHARDT, Judge.

These cases are controlled by Fickling v. City Council of Augusta, 110 Ga.App. 330, 138 S.E.2d 437. Allegations that the defendant, an owner of land in a residential section and on which there was an artificial pond, permitted table tops to accumulate therein, float and become waterlogged, and that plaintiff's children, aged 7 and 10, being attracted to the table tops, sought to use them as rafts, fell therefrom and were drowned, do not prevent the application of the rule of Fickling or create an exception.

The general demurrers were properly sustained.

Judgments affirmed.

BELL, P. J., and JORDAN, J., concur.

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2 cases
  • Nye v. Union Camp Corp.
    • United States
    • U.S. District Court — Southern District of Georgia
    • October 30, 1987
    ...or man-made, cannot be deemed a man-trap. E.g., Montega Corp. v. Grooms, 128 Ga.App. 333, 196 S.E.2d 459 (1973); Crews v. Slappey, 110 Ga.App. 496, 138 S.E.2d 919 (1964); Flickling, supra. In each, the decision was reached despite the emotive feature of the death of a child. As the Montega ......
  • City Motor Exchange v. Ballinger
    • United States
    • Georgia Court of Appeals
    • October 16, 1964

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