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FLEMING v. E. I. Du PONT &c. CO.

34782.

89 Ga. App. 837 (1954)

81 S.E.2d 529

FLEMING et al. v. E. I. Du PONT de NEMOURS & CO., INC.

Court of Appeals of Georgia.

Rehearing Denied March 18, 1954.

Attorney(s) appearing for the Case

Dudley Cook, for plaintiffs in error.

Alston, Sibley, Miller, Spann & Shackelford, Daniel B. Hodgson, contra.

NICHOLS, J.

The question in reviewing a judgment of nonsuit is whether or not the plaintiff's evidence supports the material allegations of his petition, although, if the plaintiff goes further and introduces evidence that disproves his right to recover by establishing the existence of other undisputed defensive facts which show he is not entitled to a verdict, then a nonsuit is properly granted. Rountree v. Seaboard Air-Line Ry. Co., 31 Ga.App. 231...

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