Georgia Court of Appeals, 1968

Peacock v. Adams

Georgia Court of Appeals · Decided November 26, 1968 · Hall, Bell, Quillian

165 S.E.2d 664; 118 Ga. App. 728; 1968 Ga. App. LEXIS 970 (South Eastern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Bryant v. Rucker (Ga. Ct. App. 1970)
Herrington v. Stone Mountain Memorial Ass'n (Ga. Ct. App. 1969)
Gaydos v. Grupe Real Estate Investors (Ga. Ct. App. 1994)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Hall, Judge.

This appeal is from an order granting a motion for summary judgment.

1. On summary judgment, the burden is on the movant to produce evidence which conclusively eliminates all material issues in the case. Colonial Stores, Inc. v. Wilson, 118 Ga. App. 120 (162 SE2d 750).

2. “An invitee need not choose the safest way across the owner’s or proprietor’s property. He may travel any way customarily used and reasonably safe.” Misenhamer v. Pharr, 99 Ga. App. 163, 166 (107 SE2d 875). See also Davenport v. South Atlantic Gas Co., 106 Ga. App. 45, 48 (126 SE2d 480).

3. Appellee’s counsel conceded on oral argument that there was a factual dispute on the question of whether the chain over which the appellant allegedly fell was obscured from view by tall grass.

The trial court erred in granting the motion for summary judgment.

Judgment reversed.

Bell, P. J., and Quillian, J., concur. *729 Lynwood A. Maddox, Daniel C. B. Levy, for appellant. Swift, Currie, McGhee & Hiers, J. Lewis Sapp, for appellee.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.