Legal Opinion

Lathan v. Murrah, Inc.

Court of Appeals of Georgia

Decided March 17, 1970No. 44864PublishedCited by 15 opinions

1Opinion of the Court

Evans, Judge.

Where the judge directs' a verdict for either party, the evidence must be such as to demand his finding. Thus this case would have to be completely without any evidence on which liability could be found for the lower court to direct a verdict against the plaintiff. However, if there be evidence from which the jury might find that the defendant owed a duty, under the circumstances, not to leave the decedent unrestrained, and that this duty was breached and was responsible for a fall, and that a fall did result, which caused or contributed to the decedent’s death, the lower court…

2Cases cited10 opinions

  1. Brown v. MatthewsSupreme Court of Georgia · 1887
  2. Ocean Accident Guarantee Corporation v. LaneCourt of Appeals of Georgia · 1940
  3. Prudential Insurance Co. of America v. KellarSupreme Court of Georgia · 1957
  4. Curry v. RobersonCourt of Appeals of Georgia · 1953
  5. Davis v. Atlantic Steel CorporationCourt of Appeals of Georgia · 1954

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

3Cited by15 opinions

  1. Montgomery v. Pacific & Southern Co.Court of Appeals of Georgia · 1974
  2. Jenkins v. Gulf States Mortgage Co.Court of Appeals of Georgia · 1976
  3. Allstate Insurance v. HolcombeCourt of Appeals of Georgia · 1974
  4. Mitchell & Pickering v. Louis Isaacson, Inc.Court of Appeals of Georgia · 1976
  5. Lathan v. Murrah, Inc.Court of Appeals of Georgia · 1971

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