DALTON v. McLENDON

35752, 35753.

92 Ga. App. 655 (1955)

89 S.E.2d 589

DALTON v. McLENDON. MOORE v. McLENDON.

Court of Appeals of Georgia.

Rehearing Denied September 27, 1955.


Attorney(s) appearing for the Case

Harold Karp, Ferrin Y. Mathews, Peter W. Walton, for plaintiffs in error.

Whelchel & Whelchel, contra.


FELTON, C. J.

The court erred in awarding the nonsuits. The action was based on the concurring negligence of the defendants. In order to avoid a nonsuit, the plaintiff needed only to submit evidence which would have authorized the jury to find that McLendon's negligence was the sole proximate cause of the collision, or that he was negligent in some respect alleged and that such negligence concurred with that of the other defendants in proximately causing the...

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