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COBB v. B. A. S. of COLUMBUS, INC.

39590.

106 Ga. App. 790 (1962)

128 S.E.2d 536

COBB, by Next Friend v. BIG APPLE SUPERMARKET OF COLUMBUS, INC.

Court of Appeals of Georgia.

Rehearing Denied October 26, 1962.

Attorney(s) appearing for the Case

Vincent P. McCauley, Marilyn W. Carney, for plaintiff in error.

Kelly, Champion & Henson, S. E. Kelly, Jr., contra.

FRANKUM, Judge.

All of the special grounds of the plaintiff's motion for a new trial present essentially the same question, viz., whether or not the court erred in instructing the jury with respect to the principles of law concerning "accident." The plaintiff insists that neither the pleadings nor the evidence authorized a charge concerning accident.

Code § 102-103 defines accident as "an event that takes place without one's foresight or expectation...

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