GARRETT v. ROYAL BROTHERS CO.

25212.

225 Ga. 533 (1969)

170 S.E.2d 294

GARRETT v. ROYAL BROTHERS COMPANY, INC.

Supreme Court of Georgia.

Decided September 8, 1969.

Rehearing Denied September 29, 1969.


Attorney(s) appearing for the Case

Perry, Walters, Langstaff, Lippitt & Campbell, Robert B. Langstaff, for appellant.

Vann & McClain, Frank C. Vann, Benjamin L. Bateman, for appellee.


NICHOLS, Justice.

The gist of the holding of the Court of Appeals is that the mere striking of a fixed object with an automobile is negligence as a matter of law and the burden of proof of any damages in any way resulting therefrom was not proximately caused by the person operating such vehicle is upon the defendant.

In Barrett v. Mayor &c. of Savannah, 13 Ga.App. 86 (2) (78 SE 827), the Court of Appeals held: "No act can be affirmed to be negligence...

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