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N. GA. PETROLEUM CO. v. LEWIS

47986.

128 Ga. App. 653 (1973)

197 S.E.2d 437

NORTH GEORGIA PETROLEUM COMPANY v. LEWIS et al.

Court of Appeals of Georgia.

Decided March 15, 1973.

Rehearing Denied March 30, 1973.

Attorney(s) appearing for the Case

Hammond Johnson, Jr., for appellant.

Robinson, Buice, Harben & Strickland, C. Frank Strickland, Jr., R. Wilson Smith, Jr., John H. Smith, for appellees.

DEEN, Judge.

1. The appellant contends that the court erred in jury instructions and in denying its motion for directed verdict and judgment notwithstanding the verdict because the plaintiff cannot recover against it for mere negligence, absent malice or proof that there was an underground stream with defined boundaries. This argument is primarily based on Code § 105-1408: "The course of a stream of water underground...

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