Tierce v. State

3 Citing cases

  1. Kemp v. American Tel. Tel. Co.

    393 F.3d 1354 (11th Cir. 2004)   Cited 63 times   1 Legal Analyses
    Finding that AT T's fraudulent conduct targeted customers who were "unsophisticated and economically vulnerable"

    This definition incorporates three key elements: consideration, prize and chance. See Tierce v. State, 122 Ga.App. 845, 846, 178 S.E.2d 913 (1970). Kemp maintains that all three elements were satisfied by showing that his grandson called a number that offered a chance to win a prize in exchange for a fee.

  2. Albertson's, Inc. v. Hansen

    600 P.2d 982 (Utah 1979)   Cited 5 times
    In Albertson's Inc. v. Hansen, 600 P.2d 982 (Utah 1979), the situation before the court involved a "double cash bingo" game conducted by a supermarket.

    In addition to the cases cited in § 5(a), p. 896 of the annotation, see Mobil Oil Corporation v. Danforth, Mo., 455 S.W.2d 505 (1970); People v. Brundage, 381 Mich. 399, 162 N.W.2d 659 (1968); State ex rel. Schillberg v. Safeway Stores, Inc., note 3, supra. In addition to the cases cited under § 5(c), pp. 901-903 of 29 A.L.R.3d, see Kroger Co. v. Cook, 24 Ohio St.2d 170, 265 N.E.2d 780 (1970); Tierce v. State, 122 Ga. App. 845, 178 S.E.2d 913 (1970). See the cases set forth in § 5(b), pp. 897-898 of 29 A.L.R.3d.

  3. Johnson v. Publix Supermarkets

    256 Ga. App. 540 (Ga. Ct. App. 2002)   Cited 5 times
    In Johnson, the employee, a Publix supermarket cashier, was injured when she fell to the floor and broke her leg as she was "hurrying down a store aisle."

    Nor do I find that the ALJ's conclusions fall under the "common sense rule" of presumptive evidence defined under OCGA § 24-1-1(6) and upon which Johnson relies. See Tierce v. State, 122 Ga.App. 845, 849, 178 S.E.2d 913 (1970) (Evans, J., concurring specially). The only evidence regarding the state of the terrazzo flooring on the day of the accident was the manager's opinion that it was not slippery; thus the evidence does not support the ALJ's presumption that it was.