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HIEBER v. WATT

44011.

119 Ga. App. 5 (1969)

165 S.E.2d 899

HIEBER, by Next Friend v. WATT et al.

Court of Appeals of Georgia.

Decided January 7, 1969.

Attorney(s) appearing for the Case

Smith, Cohen, Ringel, Kohler, Martin & Lowe, Meade Burns, Reed & Tate, Berl T. Tate, for appellant.

Eugene G. Partain, Jack M. McLaughlin, Powell, Goldstein, Frazer & Murphy, for appellees.

EBERHARDT, Judge.

1. We find no error in the overruling of the general grounds of the motion for new trial. The duty of the operator of an automobile, relative to persons and property on the highway, is invariably that of exercising ordinary care, "such care being that of every prudent man. . . But the care of a prudent man varies according to the circumstances, dependent upon the degree of danger." Giles v. Voiles, 144 Ga. 853, 855 (88 SE 207). And, "There...

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