Dye v. Freeman

FUSSELL, CARROLL, Associate Judge.

This appeal is by the plaintiff below from a summary judgment for the defendant. The decision of the lower court was based on the pleadings and the depositions and answer to interrogatories of the plaintiff upon motion of the defendant for summary judgment.

The undisputed facts as disclosed by plaintiff’s depositions show that the defendant came to plaintiff’s house about 2:00 P.M., where he remained until 3:00 P.M. while the plaintiff and a lady friend were dressing; that no drinks were had by the defendant, or anyone, at plaintiff’s house, and that there was…