Legal Opinion

McKnight v. Guffin

Court of Appeals of Georgia

Decided July 12, 1968No. 43340, 43341PublishedCited by 22 opinions

1Opinion of the Court

Whitman, Judge.

1. On motion for directed verdict “questions of negligence, diligence, contributory negligence, and proximate cause are peculiarly matters for a jury, and a court should not take the place of a jury in solving them, except in plain and indisputable cases.” Peck v. Baker, 76 Ga. App. 588 (1a) (46 SE2d 751). The question presented to a trial court by a motion for summary judgment is substantially the same as that presented by a motion for directed verdict. Dykes v. Hammock, 116 Ga. App. 389 (1) (157 SE2d 524). The essence of both motions is that there is no genuine issue of…

2Cases cited6 opinions

  1. Gibson v. Consolidated Credit Corp.Court of Appeals of Georgia · 1964
  2. Dykes v. HammockCourt of Appeals of Georgia · 1967
  3. Scott v. Gulf Oil CorporationCourt of Appeals of Georgia · 1967
  4. Peck v. BakerCourt of Appeals of Georgia · 1948
  5. Barrow v. JamesCourt of Appeals of Georgia · 1963

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Summer-Minter & Associates, Inc. v. GiordanoSupreme Court of Georgia · 1973
  2. Ellington v. Tolar Consruction Co.Supreme Court of Georgia · 1976
  3. Chandler v. GatelyCourt of Appeals of Georgia · 1969
  4. Chambers v. Citizens & Southern National BankSupreme Court of Georgia · 1978
  5. Burnette Ford, Inc. v. HayesCourt of Appeals of Georgia · 1971

17 more not listed; retrieve them via the Exa API.

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