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POWERS v. PATE

39503.

107 Ga. App. 25 (1962)

129 S.E.2d 193

POWERS v. PATE.

Court of Appeals of Georgia.

Decided November 15, 1962.

Attorney(s) appearing for the Case

Emory M. Hiers, Whelchel & Whelchel, Hoyt H. Whelchel, Jr., for plaintiff in error.

George A. Horkan, Jr., Divine & Busbee, William T. Divine, Jr., contra.

FRANKUM, Judge.

1. "Questions of negligence, diligence, contributory negligence, and proximate cause are peculiarly matters for the jury, and a court should not take the place of the jury in solving them, except in plain and indisputable cases." Eubanks v. Mullis, 51 Ga.App. 728, 730 (181 SE 604). See Southern Stages v. Clements, 71 Ga.App. 169 (30 S.E.2d 429); Southern Bakeries Co. v. White, 103 Ga.App. 146

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