BERRY v. CORDELL

44847, 44848, 44849.

120 Ga. App. 844 (1969)

172 S.E.2d 848

BERRY v. CORDELL et al. BERRY et al. v. CITY OF DALTON et al. INSURANCE COMPANY OF NORTH AMERICA v. CITY OF DALTON et al.

Court of Appeals of Georgia.

Decided December 4, 1969.

Rehearing Denied December 18, 1969.


Attorney(s) appearing for the Case

Pittman & Kinney, L. Hugh Kemp, for Berry.

McCamy, Minor, Phillips & Tuggle, Carlton McCamy, for City of Dalton.

Mitchell & Mitchell, Coy H. Temples, for Cordell.

Milligan, Hooper & Harris, Fred M. Milligan, for Ins. Co. of N. A.


HALL, Presiding Judge.

1. The trial court did not err in denying Berry's motion for summary judgment on the cross claim against its co-defendant, the City of Dalton, in the original tort action. The grounds for this motion are essentially that the back-hoe operator was, at the time of the alleged act of negligence, an employee of the city under both the borrowed servant and inherently dangerous work doctrines (Code § 105-502), thus relieving Berry from...

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