Harris v. Stucki

Court of Appeals of Georgia

Harris v. Stucki

157 S.E.2d 507, 116 Ga. App. 371, 1967 Ga. App. LEXIS 819

CourtCourt of Appeals of Georgia

DecidedSeptember 12, 1967

Docket43068

StatusPublished

Cited by4 cases

This text of 157 S.E.2d 507 (Harris v. Stucki) 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

Harris v. Stucki, 157 S.E.2d 507, 116 Ga. App. 371, 1967 Ga. App. LEXIS 819 (Ga. Ct. App. 1967).

Pincite

Opinions

Eberhardt, Judge.

A summary judgment should be granted only when there is no genuine issue as to any material fact for submission to a jury. Holland v. Sanfax Corp., 106 Ga. App. 1 (126 SE2d 442); Dillard v. Brannan, 217 Ga. 179 (121 SE2d 768); Code Ann. § 110-1203. In making the determination of whether there is a genuine issue as to a material fact the evidence is to be construed in favor of the opposing party. McCarty v. National Life &c. Ins. Co., 107 Ga. App. 178 (129 SE2d 408). Under Code Ann. § 68-1656 (a) it becomes very material whether plaintiff stepped backward across the dividing line into the eastbound lane of traffic. There is a conflict as to this in the evidence submitted, and hence a jury issue. Denial of plaintiff’s motion was proper, but the grant of defendant’s motion was error.

Judgment affirmed in fart; reversed in fart.

Felton, C. J., and Hall, J., concur.

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

Eberhardt, Judge.

A summary judgment should be granted only when there is no genuine issue as to any material fact for submission to a jury. Holland v. Sanfax Corp., 106 Ga. App. 1 (126 SE2d 442); Dillard v. Brannan, 217 Ga. 179 (121 SE2d 768); Code Ann. § 110-1203. In making the determination of whether there is a genuine issue as to a material fact the evidence is to be construed in favor of the opposing party. McCarty v. National Life &c. Ins. Co., 107 Ga. App. 178 (129 SE2d 408). Under Code Ann. § 68-1656 (a) it becomes very material whether plaintiff stepped backward across the dividing line into the eastbound lane of traffic. There is a conflict as to this in the evidence submitted, and hence a jury issue. Denial of plaintiff’s motion was proper, but the grant of defendant’s motion was error.

Judgment affirmed in fart; reversed in fart.

Felton, C. J., and Hall, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

157 S.E.2d 507, 116 Ga. App. 371, 1967 Ga. App. LEXIS 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-stucki-gactapp-1967.

Opinions

Related

Cite This Page — Counsel Stack