City of Eatonton v. Few

I respectfully dissent. Although I agree with the majority that the trial court’s refusal to give appellant’s requested charge on assumption of the risk was erroneous, I would not reach that issue, as I cannot agree with the majority that the evidence presented at trial was sufficient to withstand appellant’s motions for a directed verdict as to the issues of nuisance and joint venture.(a) Appellees asserted at trial that appellant was liable for their son’s death under the theory of nuisance because appellant had failed to correct a hazardous condition in the pool it maintained. Conflicting…