BROWN & STEPHENS &c., INC. v. SHIPP

42450.

115 Ga. App. 123 (1967)

153 S.E.2d 599

BROWN & STEPHENS PIPE LINE CONTRACTORS, INC. v. SHIPP.

Court of Appeals of Georgia.

Decided January 19, 1967.

Rehearing Denied February 2, 1967.


Attorney(s) appearing for the Case

Powell, Goldstein, Frazer & Murphy, Eugene Partain, James H. Keaten, for appellant.

Grubbs & Burke, J. M. Grubbs, Jr., for appellee.


EBERHARDT, Judge.

We affirm the judgment complained of and hold that the case was properly one for jury determination. Although plaintiff's testimony may have been vague and equivocal as to whether "the ditch" or "the indentation" which his automobile struck was the particular sewer depression which the defendant created, this is consistent with plaintiff's theory of the case that he never saw the hazard because of the physical circumstances. Plaintiff did testify...

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