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HICKS v. ASBURY

37444.

99 Ga. App. 8 (1959)

107 S.E.2d 337

HICKS, Administrator v. ASBURY, by Next Friend.

Court of Appeals of Georgia.

Decided January 28, 1959.

Attorney(s) appearing for the Case

Smith, Field, Doremus & Ringel, Sam F. Lowe, Jr., for plaintiff in error.

William T. Dean, Clyde R. Ross, John L. Westmoreland, John L. Westmoreland, Jr., contra.

FELTON, Chief Judge.

1. Since the plaintiff alleged that at the time of the collision or upset he was a guest in the truck being driven by the defendant's decedent, such an allegation was an admission in judicio and could not be disputed by the plaintiff so long as that allegation remained in his petition. Under such allegation the defendant's decedent owed the plaintiff the duty to exercise slight care, and the contention...

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