Opinion
43924.
SUBMITTED SEPTEMBER 6, 1968.
DECIDED SEPTEMBER 16, 1968. REHEARING DENIED SEPTEMBER 30, 1968.
Action for damages. Hall Superior Court. Before Judge Kenyon.
John N. Crudup, for appellant.
Palmour Palmour, James E. Palmour, III, Greer, Sartain Carey, Joe B. Sartain, Jr., for appellees.
The plaintiff appeals from a judgment sustaining a motion to dismiss her complaint. The complaint alleged that while the plaintiff was employed as a waitress in the defendant's restaurant the employees had taken up an unattached throw rug because of the danger, the employer replaced the rug, the plaintiff fell on the rug and was injured and damaged because of the defendant's negligence in failing to provide a safe place to walk and to warn the plaintiff of the obvious danger on the floor, and in replacing the rug.
The defendant relies on Coe v. Hewett, 97 Ga. App. 625 ( 104 S.E.2d 129); and Harrell v. Mayfield, 117 Ga. App. 194 ( 160 S.E.2d 213). These cases are inapposite for the reason they were decided under the old rule of pleading when it was necessary to allege a cause of action rather than a mere claim for relief and when the pleadings were construed against rather than for the pleader. See Martin v. Approved Bancredit Corp., 224 Ga. 550, 551; Byrd v. Ford Motor Co., 118 Ga. App. 333 ( 163 S.E.2d 327), and the authorities cited therein. The trial court erred in sustaining the motion to dismiss.
Judgment reversed. Bell, P. J., and Quillian, J., concur.