Peggy Ann of Georgia, Inc. v. Scoggins

1 Citing case

  1. Peggy Ann of Georgia, Inc. v. Scoggins

    88 S.E.2d 744 (Ga. Ct. App. 1955)

    1. This is the fourth appearance of this case in this court. See Peggy Ann of Georgia, Inc. v. Scoggins, 86 Ga. App. 109 (71 S.E.2d 89); s. c., 90 Ga. App. 18 ( 81 S.E.2d 859); Scoggins v. Peggy Ann of Georgia, Inc., 87 Ga. App. 19 ( 73 S.E.2d 79), the first of the above citations containing in detail the allegations of the plaintiff's petition. Under that decision it became the law of the case (1) that the plaintiff was an invitee of the defendant, to whom the latter owed the duty of exercising ordinary care; (2) that the petition, which alleged that the Southeastern Greyhound Lines bus had defective brakes, and which failed to allege, either that (a) the defendant Peggy Ann of Georgia, Inc., accepted scotch blocks with any responsibility to use them under the busses in all events, or that (b) scotch blocks were the only means by which a bus with efficient brakes could have been kept in a firm standing position, failed to allege negligence against Peggy Ann of Georgia in the absence of the further allegation that such defendant knew the bus had defective brakes.