FULMER v. BURTZ

44655, 44656.

120 Ga. App. 439 (1969)

170 S.E.2d 869

FULMER v. BURTZ (two cases).

Court of Appeals of Georgia.

Decided September 10, 1969.

Rehearing Denied October 3, 1969.


Attorney(s) appearing for the Case

Smith, Cohen, Ringel, Kohler, Martin & Lowe, Malcolm H. Ringel, Edwards, Bentley, Awtrey & Parker, Scott S. Edwards, Jr., for appellant.

Schindelar & Johnson, John F. Schindelar, for appellees.


EBERHARDT, Judge.

Our ruling in Mulligan v. Blackwood, 115 Ga.App. 618 (155 S.E.2d 680), where the facts were strikingly similar to those here, requires affirmance of the denial of defendant's motions for summary judgment. Under the facts presented we think questions raised as to whether Mr. Burtz assumed the risk in assisting with the moving of a heavy stereo set, whether his injury resulted solely from his own negligence, and whether defendant was in the...

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