PANNELL v. FUQUA

41022.

111 Ga. App. 18 (1965)

140 S.E.2d 280

PANNELL v. FUQUA.

Court of Appeals of Georgia.

Rehearing Denied January 20, 1965.


Attorney(s) appearing for the Case

Mundy & Gammage, William W. Mundy, for plaintiff in error.

Matthews, Maddox, Walton & Smith, Oscar M. Smith, contra.


FELTON, Chief Judge.

1. Questions of diligence, negligence and proximate cause are ordinarily questions of fact for a jury, and will not be decided by the courts on demurrer except in palpably clear and indisputable cases. See cases annotated under Code Ann. § 105-201, catchwords "Question for jury" and Code § 105-203, catchword "Jury." In the present case the allegation that the defendant's speed was only 15 m.p.h. is almost enough to negative...

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