LaBranche v. Johnson

Deen, Judge.

1. In Garrett v. Royal Bros. Co., 225 Ga. 533 (170 SE2d 294) it was stated: "The conduct of a defend ant cannot be declared to be negligent, as a matter of law, unless it has been so declared by a lawmaking body, and, in the absence of such a declaration the jury is the arbiter of the question of whether a defendant’s conduct on a given occasion is negligent, and, if so, whether such negligence is the degree of negligence required for a recovery by a plaintiff.” On their motion for summary judgment the same rule of law must be applied to a plaintiff as against the contention of…