Dykes v. Hammock

Court of Appeals of Georgia

Dykes v. Hammock

157 S.E.2d 525, 116 Ga. App. 390, 1967 Ga. App. LEXIS 827

CourtCourt of Appeals of Georgia

DecidedSeptember 8, 1967

Docket42897, 42898

StatusPublished

Cited by3 cases

This text of 157 S.E.2d 525 (Dykes v. Hammock) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dykes v. Hammock, 157 S.E.2d 525, 116 Ga. App. 390, 1967 Ga. App. LEXIS 827 (Ga. Ct. App. 1967).

Pincite

Opinion

Quillian, Judge.

The plaintiff sought damages for expenses and loss of consortium resulting from injuries received by his wife when she fell down in defendant’s car lot. On motion for summary judgment filed by the defendant, the plaintiff’s cross affidavit stated that “while walking through said lot plaintiff’s wife stepped on a chain left on the ground which rolled and caused her to fall and sustain the injuries complained of.” However, on deposition he testified that he was not looking and did not see what caused the fall. The plaintiff’s wife, by deposition, testified: “Something rolled under my foot is what throwed me.” There was no testimony that she actually stepped on the chain causing her to fall. Held:

These cases are controlled by the decision rendered in Dykes v. Hammock, 116 Ga. App. 389, ante.

Judgment affirmed in Case No. 42897; cross appeal dismissed.

Jordan, P. J., and Deen, J., concur. John P. Nixon, for appellant. Martin, Snow, Grant & Napier, Hendley V. Napier, for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Quillian, Judge.

The plaintiff sought damages for expenses and loss of consortium resulting from injuries received by his wife when she fell down in defendant’s car lot. On motion for summary judgment filed by the defendant, the plaintiff’s cross affidavit stated that “while walking through said lot plaintiff’s wife stepped on a chain left on the ground which rolled and caused her to fall and sustain the injuries complained of.” However, on deposition he testified that he was not looking and did not see what caused the fall. The plaintiff’s wife, by deposition, testified: “Something rolled under my foot is what throwed me.” There was no testimony that she actually stepped on the chain causing her to fall. Held:

These cases are controlled by the decision rendered in Dykes v. Hammock, 116 Ga. App. 389, ante.

Judgment affirmed in Case No. 42897; cross appeal dismissed.

Jordan, P. J., and Deen, J., concur. John P. Nixon, for appellant. Martin, Snow, Grant & Napier, Hendley V. Napier, for appellee.

Cite This Page — Counsel Stack

Bluebook (online)

157 S.E.2d 525, 116 Ga. App. 390, 1967 Ga. App. LEXIS 827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dykes-v-hammock-gactapp-1967.

Opinion

Related

Cite This Page — Counsel Stack