KENNEDY v. BANKS

44339.

119 Ga. App. 831 (1969)

169 S.E.2d 180

KENNEDY v. BANKS.

Court of Appeals of Georgia.

Decided June 19, 1969.


Attorney(s) appearing for the Case

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

Lawson E. Thompson, Henry B. Troutman, Jr., for appellee.


JORDAN, Presiding Judge.

1. The first two enumerations are based on the following excerpts from the instructions to the jury: (1) "One would not be justified in assuming that a child would exercise the same degree of care for his safety as an adult under the circumstances," (2) "nor is one justified in presuming that a child near the highway will remain in a place of safety." Immediately following these excerpts the court continued, "I further charge...

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