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DAY v. PHILLIPS

40146, 40147.

107 Ga. App. 824 (1963)

131 S.E.2d 778

DAY v. PHILLIPS (two cases).

Court of Appeals of Georgia.

Decided May 23, 1963.

Attorney(s) appearing for the Case

J. W. Waldroup, Elie L. Holton, for plaintiff in error.

Ewing & Hutto, Marshall Ewing, contra.

NICHOLS, Presiding Judge.

1. The defendant relies upon the holding of this court in DeWinne v. Waldrep, 101 Ga.App. 570 (114 S.E.2d 455), to support his position that no recovery for the plaintiffs was authorized and verdicts for him were demanded. In that case, like the present case, the injuries sued for were caused by a fall from a pickup truck while the truck was in motion and while...

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