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PRICE v. STATE HIGHWAY DEPARTMENT

41156.

111 Ga. App. 255 (1965)

141 S.E.2d 215

PRICE et al. v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Decided March 1, 1965.

Attorney(s) appearing for the Case

Kemp & Watson, John L. Watson, Jr., for plaintiffs in error.

Eugene Cook, Attorney General, Richard L. Chambers, Horace E. Campbell, Jr., Assistant Attorneys General, John R. McCannon, contra.

RUSSELL, Judge.

1. The court is never required, even as to a fact uncontradicted and undisputed, to instruct the jury that such fact exists. "The better practice is to allow the jury to determine the question whether any issuable fact proved by either party is uncontradicted." Scott v. Valdosta, Moultrie &c. R. Co., 13 Ga.App. 65 (1) (78 SE 784); New Ware Furniture Co. v. Reynolds, 16 Ga.App. 19 (1a) (84 SE 491); Ballentine Motors of Ga. v. Nimmons...

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