Shaw v. Sullivan
Shaw v. Sullivan
Opinion of the Court
The plaintiff’s petition alleged the circumstances surrounding the incident when she allegedly received certain enumerated injuries when she tripped over a steel cable stretched across a walkway which led from her apartment building to the street. It was alleged, in substance, that the defendants were engaged in the business of moving houses, and that at the time the plaintiff was injured the defendants were engaged in
“A plaintiff must allege sufficient specific acts of negligence, as to the injured party, to withstand demurrer, and can recover only on the specific acts alleged. Harden v. Georgia R. Co., 3 Ga. App. 344 (59 S. E. 1122); Cromer v. Dinkier, 82 Ga. App. 227, 232 (60 S. E. 2d 482); Kellett v. Templeton, 61 Ga. App. 230 (6 S. E. 2d 392). The doctrine of res ipsa loquitur has no application to pleadings. Fulton Ice &c. Co. v. Pace, 29 Ga. App. 507 (116 S. E. 57).” Eaton v. Blue Flame Gas Co., 91 Ga. App. 510 (1) (86 S. E. 2d 334). Accordingly, since the petition in the present case fails to specify the acts of negligence relied upon and merely gives a history of the circumstances whereby the plaintiff was allegedly injured, the judgment of the trial court sustaining the renewed general demurrer to the petition as amended was not error for any reason assigned.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.