118 Ga. App. 10 | Ga. Ct. App. | 1968
Plaintiff brought this suit to recover for personal injuries sustained when he slipped on a fragment of loose tile lying on the floor in defendant’s place of business. The action was filed prior to the effective date of the Civil Practice Act (Ga. L. 1966, p. 609, as amended by Ga. L. 1967, p. 226; Code Ann. Title 81A). However, the Civil Practice Act will be applied on appeal in reviewing the trial court’s judgment rendered according to the former rules of procedure and sustaining defendant’s general demurrers to the amended petition. See Hill v. Willis, 224 Ga. 263, 264 (1) (161 SE2d 281); Bazemore v. Burnet, 117 Ga. App. 849. Under the new procedure a complaint should be construed in the light most favorable to the plaintiff with all doubts resolved in his favor; he is entitled to the most favorable inferences that can reasonably be drawn from the complaint, even if contrary inferences are also possible. Harper v. DeFreitas, 117 Ga. App. 236, 238 (160 SE2d 260). So construing the petition, we infer that plaintiff, a business invitee, was unaware that the floor was in a dangerous condition at the time of the- injury, although plaintiff had at some time complained
Judgment reversed.