HANCHEY v. HART

44609, 44610.

120 Ga. App. 677 (1969)

171 S.E.2d 918

HANCHEY v. HART et al. GARNER v. HART et al.

Court of Appeals of Georgia.

Decided November 7, 1969.

Rehearing Denied November 20, 1969.


Attorney(s) appearing for the Case

Conger & Conger, J. Willis Conger, Alexander, Vann & Lilly, Roy M. Lilly, for appellants.

Perry, Walters, Langstaff & Lippitt & Campbell, Robert B. Langstaff, Miller & Kirbo, Bruce W. Kirbo, Julian Webb, Twitty & Twitty, Frank S. Twitty, Harold Lambert, for appellees.


HALL, Judge.

In our opinion the trial judge was in error in refusing to allow a trial on the issue of whether the actions of the plaintiffs, based upon the totality of the circumstances including conflicting testimony as to the density of the fog, were those of reasonable men. As Chief Justice Doe, one of our nation's greatest judges, said almost a century ago, things will "come to a strange pass" if a man or woman needs...

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