CAPITAL AUTOMOBILE COMPANY v. SHINALL

38763.

103 Ga. App. 695 (1961)

120 S.E.2d 351

CAPITAL AUTOMOBILE COMPANY v. SHINALL.

Court of Appeals of Georgia.

Rehearing Denied May 15, 1961.


Attorney(s) appearing for the Case

Hurt, Gaines, Baird, Peek & Peabody, Joe C. Freeman, Jr., W. Neal Baird, for plaintiffs in error.

McFarland & Cooper, Martin McFarland, contra.


FELTON, Chief Judge.

1. On the question of the overruling the motion to dismiss the action, the contention by Capital Automobile Company that the petition fails to show that it owed a duty to the plaintiff is without merit. While there is no duty on the part of the automobile company to give such instructions as are alleged in the petition, we think that under the circumstances alleged such a relationship existed between the parties as would make it a duty on the...

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