Laite v. Baxter

I would concur in the judgment of the majority if this case represented an appeal from a jury verdict, but I am constrained to disagree with the result reached on motion for summary judgment, applying the test (Arrington v. Trammell, 83 Ga. App. 107 (62 SE2d 451)) that where reasonable minds may disagree on the quantum of negligence the issue is for the determination of the jury, not the court. My objections here are twofold:

1. We may not assume, as the majority opinion does, that the children "received permission from Edgar’s father to fish below the dam, with the admonition to be careful.”…