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BRADFORD v. CITY OF COMMERCE

35400.

91 Ga. App. 581 (1955)

86 S.E.2d 645

BRADFORD v. CITY OF COMMERCE.

Court of Appeals of Georgia.

Rehearing Denied March 2, 1955.

Attorney(s) appearing for the Case

Kermit C. Bradford, H. W. Davis, Jack S. Davidson, for plaintiff in error.

T. J. Syfan, Wheeler, Robinson & Thurmond, contra.

GARDNER, P. J.

"Regardless of whether a petition sets out a cause of action, if the plaintiff proves every fact charged, without at the same time disproving his right to recover by establishing the existence of other undisputed facts which show that he is not entitled to a verdict, it is not proper to award a nonsuit." Clark v. Bandy, 196 Ga. 546 (27 S.E.2d 17). See also Williams v. Smith, 210 Ga. 325 (

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