Fidelity & Casualty Co. v. Wilson

The only question here is whether, on motion for summary judgment, the evidence conclusively demands a finding that the identity of the driver of the automobile which collided with plaintiff’s is known. The burden is of course on the movant to eliminate every material issue of fact in this regard. Herrington v. Stone Mtn. &c. Assn., 119 Ga. App. 658 (168 SE2d 633). This cannot be accomplished by evidence which constitutes an opinion or a conclusion. Waldrop v. Padgett, 121 Ga. App. 313 (173 SE2d 457); Chandler v. Gately, 119 Ga. App. 513 (167 SE2d 697). The construction of evidence is strict…