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HARMON v. SOUTHWELL

37260, 37272.

98 Ga. App. 261 (1958)

105 S.E.2d 596

HARMON v. SOUTHWELL et al.; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied October 3, 1958.

Attorney(s) appearing for the Case

E. W. Highsmith, J. H. Highsmith, C. Winton Adams, Anthony A. Alaimo, for plaintiff in error.

Blount & Gibson, Lamar Gibson, Carroll Russell, L. J. Bennet, Bennet, Gilbert, Gilbert & Whittle, contra.

TOWNSEND, Judge.

1. It is contended by demurrer that the defendants could not have been "jointly and concurrently" negligent in abandoning the truck on the highway in the face of approaching darkness without lights, flares or warnings, for the reason that Southwell and the driver were independent contractors and one or the other, but not both, must therefore have been in charge of the vehicle at the time. We deal only with

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