Card v. CHICHESTER'S BACONSFIELD PHARMACY, INC.

Card v. Chichester’s Baconsfield Pharmacy, Inc.

Card v. Chichester's Baconsfield Pharmacy, Inc., 141 S.E.2d 790 (Ga. Ct. App. 1965)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: March 16, 1965
Docket: No. 41057
Judges: Bell, Frankum, Hall
Citations: 141 S.E.2d 790111 Ga. App. 3581965 Ga. App. LEXIS 969

Cited by 3

Opinion — Per Curiam

Per Curiam.

This case is controlled adversely to the plaintiff in error by the case of Gibson v. Consolidated Credit Corp., 110 Ga. App. 170 ( 138 SE2d 77 ). In Division 2 of the opinion in Gibson , the principal holding is that the petition did not state a cause of action against the defendant for negligence since nothing was alleged which, if proved, would be sufficient to show negligence. That holding at least in the badly split decision received the unquestioned concurrence of five judges, a majority of the court. See Judge Hall’s special concurrence in which he agreed fully with Judge Eberhardt’s view on this point.

The petition here in all material aspects has such a resemblance to the petition in Gibson as to be essentially the same. It follows that the holding in Gibson is applicable here and requires affirmance of the trial court’s judgment in sustaining the defendant’s general demurrer and dismissing the plaintiff’s petition.

Judgment affirmed.

Bell, P. J., Frankum and Hall, JJ., concur.

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Cited by 3 cases

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State Appellate Courts3

Relies on it most ⓘ

Sears, Roebuck & Co. v. Reid207 S.E.2d 532 (Ga. Ct. App. 1974)
Bryant v. Rucker173 S.E.2d 875 (Ga. Ct. App. 1970)
Holtzclaw v. Lindsay178 S.E.2d 561 (Ga. Ct. App. 1970)

Most recent

Sears, Roebuck & Co. v. Reid207 S.E.2d 532 (Ga. Ct. App. 1974)
Holtzclaw v. Lindsay178 S.E.2d 561 (Ga. Ct. App. 1970)
Bryant v. Rucker173 S.E.2d 875 (Ga. Ct. App. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Gibson v. Consol. Credit Corp., 138 S.E.2d 77 (Ga. Ct. App. 1964)	82

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