CENTRAL OF GEORGIA R. CO. v. LESTER

43769, 43770.

118 Ga. App. 794 (1968)

165 S.E.2d 587

CENTRAL OF GEORGIA RAILWAY COMPANY v. LESTER et al. DILLARD et al. v. LESTER et al.

Court of Appeals of Georgia.

Decided November 1, 1968.

Rehearing Denied December 6, 1968.


Attorney(s) appearing for the Case

Shoob, McLain & Jessee, C. James Jessee, Jr., Fortson, Bentley & Griffin, Edwin Fortson, Erwin, Birchmore & Epting, Eugene A. Epting, for appellants.

Hudson & Stula, Jim Hudson, for appellees.


FELTON, Chief Judge.

1. The plaintiff's action is predicated upon the defendant's alleged negligence with respect to the door's (a) defective condition and (b) defective design. The deposition and affidavits on file show no evidence that the particular door in question was in a defective condition. All of the statements concerning its condition amount to mere conjecture and opinion, since no one claimed to have observed the allegedly defective condition prior to the...

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