Usry v. Bostick

Full title: USRY et al. v. BOSTICK

Court: Court of Appeals of Georgia

Date published: Feb 2, 1966

147 S.E.2d 617 (Ga. Ct. App. 1966)

147 S.E.2d 617

Opinion

41348.

DECIDED FEBRUARY 2, 1966. REHEARING DENIED FEBRUARY 18, 1966.

Action for damages. Richmond Superior Court. Before Judge Kennedy.

Fulcher, Fulcher, Hagler Harper, Gould B. Hagler, for plaintiffs in error.

Nicholson Fleming, William M. Fleming, Jr., contra.

PER CURIAM.

The decision of this court in Usry v. Bostick, 112 Ga. App. 76 ( 143 S.E.2d 781) having been reversed as to the holding in the third division by the Supreme Court in Bostick v. Usry, 221 Ga. 647 ( 146 S.E.2d 882) because of our erroneous construction of the language used by plaintiff's counsel in his argument, the judgment heretofore entered as to that is vacated and the judgment of the trial court in denying a new trial is affirmed.

Judgment affirmed. Nichols, P. J., Eberhardt and Pannell, JJ., concur.

DECIDED FEBRUARY 2, 1966 — REHEARING DENIED FEBRUARY 18, 1966 — CERT. APPLIED FOR.