Tatum v. Pruitt

Court of Appeals of Georgia

Tatum v. Pruitt

129 S.E.2d 388, 107 Ga. App. 172, 1962 Ga. App. LEXIS 599

CourtCourt of Appeals of Georgia

DecidedSeptember 20, 1962

Docket39738

StatusPublished

Cited by3 cases

This text of 129 S.E.2d 388 (Tatum v. Pruitt) 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

Tatum v. Pruitt, 129 S.E.2d 388, 107 Ga. App. 172, 1962 Ga. App. LEXIS 599 (Ga. Ct. App. 1962).

Pincite

Opinion

Eberhardt, Judge.

We can find nothing in the evidence to support a finding of gross negligence against the Tatums. The only act of negligence supported, as we see it, is a possible exceeding of the city speed limit. That alone is not enough. Southern R. Co. v. Davis, 132 Ga. 812, 817 (65 SE 131); Peavy v. Peavy, 36 Ga. App. 202, 205 (136 SE 96); Hopkins v. Sipe, 58 Ga. App. 511, 513 (199 SE 246); Fletcher v. Abbott, 92 Ga. App. 364, 370 (88 SE2d 445) (dissenting opinion).

Accordingly, the trial court erred in denying the motion for judgment non obstante veredicto and the judgment is reversed with direction that a judgment non obstante veredicto be granted as to plaintiffs in error.

Judgment reversed with direction.

Carlisle, P. J., and Bus-sell, J., concur.

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