Georgia Court of Appeals, 1931

Dees v. Tattnall County

Dees v. Tattnall County
Georgia Court of Appeals · Decided September 4, 1931 · Broyles
43 Ga. App. 815; 160 S.E. 654; 1931 Ga. App. LEXIS 567

Dees v. Tattnall County

Opinion of the Court

Broyles, O. J.

1. A petition which asserts a primary liability on the part of a county because of personal injuries to the plaintiff, alleged to have been caused by the defective condition of a bridge, is fatally defective and should be dismissed on general demurrer, where the petition fails to allege that the bridge was erected after the passage of the act of the General Assembly approved December 29, 1888 (Ga. L. 1888, p. 39). Seymore v. Elbert County, 116 Ga. 371 (42 S. E. 727) ; Butts County v. Johnson, 136 Ga. 354 (71 S. E. 428) ; Washington County v. May, 17 Ga. App. 511 (87 S. E. 766).

2. Under the above-stated ruling and the facts of the instant case, the petition was properly dismissed on general demurrer.

Judgment affirmed.

Luke, J., concurs. Bloodworth, J., absent on account of illness. M. W. Bason, IT. T. Burlchalier, for plaintiff. G. L. Gowarl, for defendants.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.