Public-domain · open source
OpenJurist

65 Ga. App. 36

14 S.E.2d 687

Stephens v. Snyder

Court of Appeals of Georgia

Decided May 6, 1941

Court of Appeals of Georgia · decided 1941-05-06

Cited by 1 later decisions — most recently May 1969

1 state decisions

Relies on 63 Ga. App. 90 - Stephens v. Snyder

Good law ✅— No negative treatment on recordhow we know

Decided 1941-05-06

View the full empirical analysis of this case →

Gardner, J.

¶1 In Stephens v. Snyder, 63 Ga. App. 90 (10 S. E. 2d, 218) this court affirmed the judgment of the trial court sustaining a demurrer and dismissing the action. Eeference is made to that decision for a full statement of the allegations of fact and the rulings. In the instant case the husband of the plaintiff in that case brought suit to recover special damages and general damages for loss of his wife’s services, based on the same transaction, save that there was some variation in the allegations of negligence as applied to the cause as amended, when it was alleged that the wife of the plaintiff was instructed to take the dress off, leaving her unassisted, while the saleslady went for another dress. Whatever might be the effect of the amendment, this case is nevertheless controlled by the ruling in Stephens v. Snyder, supra: “ Our view of this case is that the plaintiff’s injury was due to her negligence, assuming but not deciding that the defendant was negligent.” The court did not err in sustaining the demurrer to the petition.

¶2 Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concur.
/65/gaapp/36 · .json · Public domain