Tri-City Sanitation v. Action Sanitation Serv., 181 S.E.2d 377 (Ga. 1971). · Go Syfert
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Tri-City Sanitation v. Action Sanitation Serv., 181 S.E.2d 377 (Ga. 1971). Cases Citing This Book View Copy Cite
57 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Frady v. Irvin (ga, 1980-02-26)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (rule) Frady v. Irvin
Ga. · 1980 · confidence medium
Further, when a motion for a judgment on the pleadings is based on the insufficiency of the complaint said motion should not be granted "unless the allegations of the complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts . . .” Tri-City Sanitation, Inc. v. Action Sanitation Service, Inc., 227 Ga. 489, 490 ( 181 SE2d 377 ) (1971).
cited Cited as authority (rule) Kellos v. Parker-Sharpe, Inc.
Ga. · 1980 · confidence medium
Tri-City Sanitation v. Action Sanitation Service, 227 Ga. 489, 490 ( 181 SE2d 377 ) (1971).
discussed Cited as authority (rule) Hightower v. City Council of Augusta
Ga. Ct. App. · 1971 · confidence medium
Under our present practice a complaint must be construed in the light most favorable to the plaintiff and with all doubts resolved in his favor even though unfavorable constructions are possible. "'Not unless the allegations of the complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts should the complaint be dismissed.’” Tri-City Sanitation v. Action Sanitation Service, 227 Ga. 489, 490 ( 181 SE2d 377 ), and cits.
discussed Cited "see" Farmers Feed & Fertilizer Co. v. Lynn (2×)
Ga. Ct. App. · 1973 · signal: see · confidence high
See Tri-City Sanitation v. Action Sanitation Service, 227 Ga. 489 ( 181 SE2d 377 ); Gill v. Myrick, 228 Ga. 253, 259 ( 185 SE2d 72 ).
examined Cited "see, e.g." Metzler v. Rowell (4×)
Ga. Ct. App. · 2001 · signal: see also · confidence low
See Storm Systems v. Kidd, 157 Ga. App. 527, 528 (3) ( 278 SE2d 109 ) (1981); see also Tri-City Sanitation v. Action Sanitation Svc., 227 Ga. 489 ( 181 SE2d 377 ) (1971).
TRI-CITY SANITATION, INC.
v.
ACTION SANITATION SERVICE, INC. et al.
26356.
Supreme Court of Georgia.
Apr 8, 1971.
181 S.E.2d 377
Felton.
Cited by 28 opinions  |  Published

Roland P. Smith, for appellant.

Charles J. Driebe, for appellees.

[*493] FELTON, Justice.

When the sufficiency of the complaint is questioned by a motion to dismiss for failure to state a claim for which relief may be granted, "the new rules require that it be construed in the light most favorable to the plaintiff with all[*490] doubts resolved in his favor even though unfavorable constructions are possible. Not unless the allegations of the complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts should the complaint be dismissed. Harper v. DeFreitas, 117 Ga. App. 236 (1) (160 SE2d 260)." Ghitter v. Edge, 118 Ga. App. 750 (1) (165 SE2d 598); Fender v. Fender, 226 Ga. 129 (4) (173 SE2d 211) and cit.

The complaint in this case, set forth in its entirety herein below, does not negative the right of the plaintiff to prevail under one or more of the theories alleged therein; therefore, the trial court erred in its judgment sustaining the motion to dismiss.

Judgment reversed. All the Justices concur.