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CARROLL ELECTRIC &c. v. SIMPSON

39435.

106 Ga. App. 29 (1962)

126 S.E.2d 310

CARROLL ELECTRIC MEMBERSHIP CORPORATION v. SIMPSON.

Court of Appeals of Georgia.

Rehearing Denied May 15, 1962.

Attorney(s) appearing for the Case

Robert D. Tisinger, William J. Wiggins, for plaintiff in error.

Glenn T. York, Gilbert & Head, Aubrey W. Gilbert, contra.

CARLISLE, Presiding Judge.

1. While ordinarily questions of negligence and diligence and of cause and proximate cause are questions solely for consideration of the jury (Rowe v. Camp, 45 Ga.App. 794 (1), 165 SE 894; Frye v. Pyron, 51 Ga.App. 613 (1), 181 SE 142), and such questions should not be solved by the court on demurrer except in plain, palpable and indisputable cases (Long Construction Co. v. Ryals, 102 Ga.App. 66

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