DAWSON v. BUSSEY

43221.

117 Ga. App. 13 (1967)

159 S.E.2d 297

DAWSON v. BUSSEY.

Court of Appeals of Georgia.

Decided December 4, 1967.

Rehearing Denied December 18, 1967.


Attorney(s) appearing for the Case

F. L. Forrester, A. J. Whitehurst, for appellant.

Alexander, Vann & Lilly, Heyward Vann, Roy M. Lilly, for appellee.


FELTON, Chief Judge.

The evidence did not authorize the finding that the defendant's negligence was the proximate cause of the damages suffered by the plaintiff or that it was a contributing proximate cause. Proof of this prerequisite was dependent solely on circumstantial evidence which did not exclude the hypothesis that the plaintiff's negligence was the proximate cause. The facts are just as consistent with the defendant's diligence as with his negligence. There...

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