Peacock v. Adams

Court of Appeals of Georgia

Peacock v. Adams

165 S.E.2d 664, 118 Ga. App. 728, 1968 Ga. App. LEXIS 970

CourtCourt of Appeals of Georgia

DecidedNovember 26, 1968

Docket44068

StatusPublished

Cited by4 cases

This text of 165 S.E.2d 664 (Peacock v. Adams) 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

Peacock v. Adams, 165 S.E.2d 664, 118 Ga. App. 728, 1968 Ga. App. LEXIS 970 (Ga. Ct. App. 1968).

Pincite

Opinion

Hall, Judge.

This appeal is from an order granting a motion for summary judgment.

1. On summary judgment, the burden is on the movant to produce evidence which conclusively eliminates all material issues in the case. Colonial Stores, Inc. v. Wilson, 118 Ga. App. 120 (162 SE2d 750).

2. “An invitee need not choose the safest way across the owner’s or proprietor’s property. He may travel any way customarily used and reasonably safe.” Misenhamer v. Pharr, 99 Ga. App. 163, 166 (107 SE2d 875). See also Davenport v. South Atlantic Gas Co., 106 Ga. App. 45, 48 (126 SE2d 480).

3. Appellee’s counsel conceded on oral argument that there was a factual dispute on the question of whether the chain over which the appellant allegedly fell was obscured from view by tall grass.

The trial court erred in granting the motion for summary judgment.

Judgment reversed.

Bell, P. J., and Quillian, J., concur. *729 Lynwood A. Maddox, Daniel C. B. Levy, for appellant. Swift, Currie, McGhee & Hiers, J. Lewis Sapp, for appellee.

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