S & a CORPORATION v. Berger & Co.

I reluctantly concur with the opinion for the reason that we are bound by the Supreme Court’s affirmance (Fields v. Goldstein, 214 Ga. 277, 104 SE2d 337) of Fields v. Goldstein, 97 Ga. App. 286, 288 (3) (102 SE2d 921). In my opinion, the better rule is that the question whether the failure to procure an adequate policy was due to the plaintiff’s own negligence in not reading his policy should be submitted to the jury. The following authorities support this view: Elam v. Smithdeal Realty & Ins. Co., 182 N.C. 599 (109 SE 632); Ursini v. Goldman, 118 Conn. 554 (173 A 789); Shapiro v. Amalgamated…