LATHAN v. MURRAH, INC.

44864.

121 Ga. App. 554 (1970)

174 S.E.2d 269

LATHAN v. MURRAH, INC.

Court of Appeals of Georgia.

Decided March 17, 1970.

Rehearing Denied April 1, 1970.


Attorney(s) appearing for the Case

Guy B. Scott, Jr., Allen Alexander, for appellant.

Erwin, Epting, Gibson & Chilivis, Eugene A. Epting, for appellee.


EVANS, Judge.

Where the judge directs a verdict for either party, the evidence must be such as to demand his finding. Thus this case would have to be completely without any evidence on which liability could be found for the lower court to direct a verdict against the plaintiff. However, if there be evidence from which the jury might find that the defendant owed a duty, under the circumstances, not to leave the decedent unrestrained, and that this duty was breached...

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