Opinion
44068.
ARGUED NOVEMBER 8, 1968.
DECIDED NOVEMBER 26, 1968.
Action for damages. Fulton Superior Court. Before Judge Wofford.
Lynwood A. Maddox, Daniel C. B. Levy, for appellant.
Swift, Currie, McGhee Hiers, J. Lewis Sapp, for appellee.
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 S.E.2d 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 S.E.2d 875). See also Davenport v. South Atlantic Gas Co., 106 Ga. App. 45, 48 ( 126 S.E.2d 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.