CARMICHAEL v. TIMOTHY

38801.

104 Ga. App. 16 (1961)

120 S.E.2d 814

CARMICHAEL v. TIMOTHY.

Court of Appeals of Georgia.

Decided June 23, 1961.


Attorney(s) appearing for the Case

Powell, Goldstein, Fraser & Murphy, Frank Love, Robert E. Call, for plaintiff in error.

N. Forest Montet, contra.


BELL, Judge.

The first question to be determined is whether the trial court improperly overruled the defendant's general demurrer, for if that ruling was error, the other proceedings were nugatory and the errors assigned as to them need not be reviewed.

1. With modification, the doctrine that negligence of the plaintiff contributing to his injuries produced by the combined negligence of the plaintiff and defendant will bar the plaintiff from recovery is generally...

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