Lathan v. Murrah, Inc.

Deen, Judge.

This is the second appearance of this case, appealed in both instances from the direction of a verdict in favor of the defendant. The reversal of the first case in Lathan v. Murrah, Inc., 121 Ga. App. 554 (174 SE2d 269) establishes as the law of the case that if the evidence on this trial is substantially the same as the first, it would authorize a jury inference "that the defendant owed a duty, under the circumstances, not to leave the decedent unrestrained, even momentarily; that this duty was breached; and that the defendant was responsible for the fall of plaintiff’s mother,…