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Lawskills.com Georgia Caselaw
PATTERSON v. CARPENTER.
37449.
Action for damages; nonsuit. Polk Superior Court. Before Judge Foster. August 27, 1958.
FELTON, Chief Judge.
The court erred in granting a nonsuit.
One of the specifications of negligence was that the employee applied a chemical cold wave preparation to the plaintiff's hair and scalp and left it on for one hour and a half which was alleged to be an unreasonable length of time. The evidence was in sharp conflict on the question whether the preparation was allowed to remain on the plaintiff's head for an unreasonable length of time, but the evidence would have authorized a verdict for the plaintiff since the jury would have been authorized to find by a preponderance of the evidence that every reasonable hypothesis was excluded other than that the defendant's employee applied the chemical cold wave solution to plaintiff's hair and scalp and left it on for an unreasonable length of time and until it burned the plaintiff's skin. See Hall v. Ivey, 78 Ga. App. 815 (52 S. E. 2d 544).
The court erred in granting a nonsuit.
Howe & Murphy, contra.
Sam Phillips McKenzie, W. W. Mundy, for plaintiff in error.
DECIDED JANUARY 26, 1959.
Saturday May 23 00:51 EDT


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