UNDERWOOD v. LOWERY

49948, 49949.

133 Ga. App. 629 (1974)

212 S.E.2d 5

UNDERWOOD et al. v. LOWERY (two cases).

Court of Appeals of Georgia.

Decided December 2, 1974.

Rehearing Denied December 19, 1974.


Attorney(s) appearing for the Case

Fendig, Dickey, Fendig & Whelchel, Richard A. Brown, Jr., for appellants.

Nathan & Nathan, A. A. Nathan, John P. Rivers, for appellees.


DEEN, Presiding Judge.

The sole question in this damage action is whether the evidence demands a verdict in favor of the defendant owner and defendant driver of a truck loaded with pulpwood. It is undisputed that witness A, driving after dark along an asphalt road about 24 feet wide, came upon a log in the road. He was able to swerve into the lane of opposing traffic and miss it (the area beyond the right lane being blocked by a ditch); that proceeding a short distance...

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