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ELLIOTT v. LEAVITT

45362, 45363, 45364.

122 Ga. App. 622 (1970)

178 S.E.2d 268

ELLIOTT et al. v. LEAVITT et al. SMITH et al. v. LEAVITT et al. NATIONAL UNION FIRE INSURANCE COMPANY v. LEAVITT et al.

Court of Appeals of Georgia.

Decided September 24, 1970.

Rehearing Denied October 14, 1970.

Attorney(s) appearing for the Case

Harris, Russell & Watkins, Joseph H. Davis, Milton F. Gardner, for Elliott and Smith.

Vandiver, Barwick & Bentley, M. Cook Barwick, Gilbert B. Meredith, for National Union.

Dickens & Hall, G. L. Dickens, Jr., for appellees.

JORDAN, Presiding Judge.

I.

This portion of the opinion covers the enumerations of error by Elliott and Heiden in case 45362:

1. The trial judge instructed the jury on the provisions of § 102, Ga. L. 1953, Nov. Sess, pp. 556, 602 (Code Ann. § 68-1701 (a)), relating to the use of unsafe vehicles. Error is asserted on these instructions and it is argued in the brief that the only theory which the plaintiff can urge to support the instructions...

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