Armstrong v. Bailey

Felton, Chief Judge.

1. In an action against one of two joint tortfeasors it was error for the court to instruct the jury that it would have to find, in order to find in favor of the plaintiff, that the acts of negligence on the part of the defendant were “a sole and proximate cause” of plaintiff’s injuries and damages. Brooks v. Carver, 55 Ga. App. 362 (2) (190 SE 389); Chandler v. Brittain, 48 Ga. App. 361, 362 (172 SE 745). The cóurt first used the expression “the sole and proximate cause” but withdrew it and substituted “a sole and proximate cause.” The two expressions mean the same thing…