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ARMSTRONG v. BAILEY

42182.

114 Ga. App. 269 (1966)

150 S.E.2d 693

ARMSTRONG v. BAILEY et al.

Court of Appeals of Georgia.

Decided September 6, 1966.

Attorney(s) appearing for the Case

Cowart, Sapp, Alaimo & Gale, G. B. Cowart, for appellant.

Bouhan, Lawrence, Williams & Levy, Frank W. Seiler, for appellees.

FELTON, Chief Judge.

1. In an action against one of two joint tortfeasors it was error for the court to instruct the jury that it would have to find, in order to find in favor of the plaintiff, that the acts of negligence on the part of the defendant were "a sole and proximate cause" of plaintiff's injuries and damages. Brooks v. Carver, 55 Ga.App. 362 (2) (190 SE 389); Chandler v. Brittain, 48 Ga.App. 361, 362 (172 SE 745). The court first used...

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