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FIELDS v. SHEPHERD CONSTRUCTION COMPANY, INC.

47723, 47724.

128 Ga. App. 61 (1973)

195 S.E.2d 686

FIELDS et al. v. SHEPHERD CONSTRUCTION COMPANY, INC. (two cases).

Court of Appeals of Georgia.

Decided February 2, 1973.

Attorney(s) appearing for the Case

Peek, Whaley & Haldi, William H. Whaley, Henning, Chambers & Mabry, for appellants.

Gambrell, Russell, Killorin, Wade & Forbes, David A. Handley, Robert B. Wedge, for appellee.

HALL, Presiding Judge.

Husband and wife plaintiffs in actions for personal injury to the wife appeal from the grant of summary judgment for one of the defendants, Shepherd Construction Company.

Plaintiff-wife was injured when a DeKalb County asphalt truck collided with and overturned upon her automobile. There seems to be no dispute that the immediate, factual cause of the occurrence was a total failure of the truck's brakes due to overloading. The issue involved...

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