Day v. Phillips

Nichols, Presiding Judge.

1. The defendant relies upon the holding of this court in DeWinne v. Waldrep, 101 Ga. App. 670 (114 SE2d 455), to support his position that no recovery for the plaintiffs was authorized and verdicts for him were demanded. In that case, like the present case, the injuries sued for were caused by a fall from a pickup truck while the truck was in motion and while the injured person was not in a passenger’s seat, but as there pointed out “each such case must stand or fall on the particular circumstances shown by the pleadings or evidence,” and it cannot be said that…