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TRUSSELL v. LAWRENCE

44376.

120 Ga. App. 39 (1969)

169 S.E.2d 611

TRUSSELL et al. v. LAWRENCE.

Court of Appeals of Georgia.

Decided June 13, 1969.

Rehearing Denied July 3, 1969.

Attorney(s) appearing for the Case

Henning, Chambers, Mabry & Crichton, Eugene P. Chambers, Jr., for appellant.

Raymond A. Cunningham, for appellee.

QUILLIAN, Judge.

1. The defendants contend the motions for summary judgment should have been sustained because the plaintiff had assumed the risk of riding in the automobile which was operated by one who was obviously and palpably under the influence of intoxicating liquors. They cite as authority for that position Davis v. Farrell, 118 Ga.App. 690 (165 S.E.2d 313).

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