LAIL v. WRIGHT

40160.

108 Ga. App. 223 (1963)

132 S.E.2d 519

LAIL v. WRIGHT.

Court of Appeals of Georgia.

Rehearing Denied July 23, 1963.


Attorney(s) appearing for the Case

Powell, Goldstein, Frazer & Murphy, Frank Love, Jr., Ben Smith, for plaintiff in error.

Vernon W. Duncan, Conley Ingram, Russell Ford, Sr., contra.


RUSSELL, Judge.

1. When this case was here before the issue was raised by demurrer as to whether actionable negligence was charged in statements that the defendant "allowed" his foot to slip from the brake onto the gas pedal, lurching the car forward and throwing the plaintiff to the ground where he sustained a broken hip and other physical injuries. The court stated that the language imported conscious knowledge on the part of the defendant whereby he let his foot...

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