History
  • No items yet
midpage
Howard v. Phillips
161 S.E. 163
Ga. Ct. App.
1931
Check Treatment
Luke, 3.

A petition charging the defendant with negligence in selling impure food as wholesome food, thereby causing injury to petitioner’s health, need not set out specific acts of negligence on the part of the defendant, in order to withstand the test of a general demurrer; but, as in the instant case, such general allegations as that the defendant was negligent in selling such food when he knew or by the exercise of ordinary care could have known that this would result in injury to the plaintiff, and that the defendant was negligent in selling impure food as wholesome food, as a result of which the plaintiff was injured, are, in such circumstances, to be deemed sufficient in law. Beckham v. Jacobs’ Pharmacy Co., 25 Ga. App. 592 (103 S. E. 857) ; Hudgins v. Coca-Cola Bottling Co., 122 Ga. 695 (50 S. E. 974). The judgment overruling the demurrer was not erroneous.

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.

Case Details

Case Name: Howard v. Phillips
Court Name: Court of Appeals of Georgia
Date Published: Nov 10, 1931
Citation: 161 S.E. 163
Docket Number: 21598
Court Abbreviation: Ga. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.