SMITH v. LEDBETTER BROTHERS, INC.

41077.

111 Ga. App. 238 (1965)

141 S.E.2d 322

SMITH v. LEDBETTER BROTHERS, INC. et al.

Court of Appeals of Georgia.

Rehearing Denied February 25, 1965.


Attorney(s) appearing for the Case

Parker, Clary & Kent, Horace T. Clary, F. L. Salmon, for plaintiff in error.

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


RUSSELL, Judge.

A fair interpretation of the facts alleged is that at the time of the collision the defendants were in the process of constructing the interstate highway and that until the dirt barricade was placed across the road, Peters Street was a heavily traveled thoroughfare. It is also a fair construction of the petition that the dirt barricade thrown up in the course of such construction was in the area over which the defendants had assumed control...

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