Herrington v. Stone Mountain Memorial Ass'n

Felton, Chief Judge.

"Only in clear and palpable cases, where it appears that one recklessly tests an observed and clearly obvious peril, or voluntarily assumes a position of imminent danger, will he be barred from recovery as a matter of law; otherwise, the question of what negligence, as well as whose negligence is responsible for the injury is a jury question, [citations].” Beck v. Wade, 100 Ga. App. 79, 83 (110 SE2d 43). On the motion for summary judgment the burden was on the defendant movant to produce evidence which conclusively eliminated all issues in the case, even those issues upon…