POWELL v. MAULDIN

38361.

102 Ga. App. 606 (1960)

117 S.E.2d 234

POWELL et al. v. MAULDIN.

Court of Appeals of Georgia.

Rehearing Denied October 19, 1960.


Attorney(s) appearing for the Case

Robert B. Williamson, for plaintiff's in error.

Ford & Houston, contra.


TOWNSEND, Judge.

1. Negligence of the defendant in a tort action which is not a part of the proximate cause of the plaintiff's injury will not support a recovery. It is accordingly error for the court to instruct the jury that, should they believe the defendant was negligently operating a motor vehicle and the plaintiff was exercising ordinary care, they should find in favor of the plaintiff, and also to instruct them that, should they believe the defendant Delton...

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