MILLER v. FARMERS & MERCHANTS BANK

40125.

107 Ga. App. 781 (1963)

131 S.E.2d 211

MILLER v. FARMERS & MERCHANTS BANK.

Court of Appeals of Georgia.

Decided May 14, 1963.


Attorney(s) appearing for the Case

Fullbright & Duffey, Harl C. Duffey, Jr., for plaintiff in error.

Robert Edward Surles, contra.


EBERHARDT, Judge.

This is a slip-down case in which a verdict was directed in favor of the defendant bank. Error is assigned on direction of the verdict in the sole special ground of the motion for new trial, which was overruled. Held:

The petition alleged actual and constructive knowledge that the bank floor where plaintiff fell was "covered in oily, greasy and slick film of wax." Actual knowledge was not shown on

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