# Eubanks v. Mullis

> Court of Appeals of Georgia · September 12, 1935 · 51 Ga. App. 728

URL: https://www.frixlaw.com/law-library/cases/5625026

## Case

- **Full name:** EUBANKS v. MULLIS
- **Court:** Court of Appeals of Georgia
- **Decided:** September 12, 1935
- **Citations:** 51 Ga. App. 728; 181 S.E. 604; 1935 Ga. App. LEXIS 451
- **Precedential status:** Published
- **Opinion:** Concurrence by Stephens
- **Judges:** Jenkins, Stephens, Sutton
- **Cited by:** 45 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5625026

## Opinion text

Stephens, J.,
concurring specially. The evidence as I construe it authorizes the inference that the defendant, at the time of the accident, was traveling only eight miles an hour, and could have seen the plaintiff after the plaintiff had come from behind the parked car and in view of the defendant, and that the defendant in the exercise of due care under the .circumstances could have seen the plaintiff in time to stop and to avoid the accident, and that the injuries to the plaintiff were proximately caused by the defendant’s negligence. For this reason alone I am of the opinion that the evidence was sufficient to authorize a finding for the plaintiff, and that the court erred in granting a nonsuit.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5625026. Public record. Not legal advice.