Signal Oil Gas Company v. Conway

Full title: SIGNAL OIL GAS COMPANY v. CONWAY

Court: Court of Appeals of Georgia

Date published: Feb 2, 1973

195 S.E.2d 756 (Ga. Ct. App. 1973)

128 Ga. App. 43

Opinion

47018.

DECIDED FEBRUARY 2, 1973.

Action for damages. Cobb Superior Court. Before Judge Hames.

Long, Weinberg, Ansley Wheeler, Palmer H. Ansley, J. Kenneth Moorman, for appellant.

Cochran, Camp Snipes, Donald O. Nelson, for appellee.

EBERHARDT, Presiding Judge.

Our judgment in Signal Oil Gas Co. v. Conway, 126 Ga. App. 711 ( 191 S.E.2d 624) having been reversed by the Supreme Court in Conway v. Signal Oil Gas Co., 229 Ga. 849, our judgment is hereby vacated and the judgment of the trial court is affirmed.

Judgment affirmed. Bell, C. J., Hall, P. J., Pannell, Deen, Quillian and Clark, JJ., concur. Evans, J., concurs specially. Stolz, J., not participating.

EBERHARDT, Presiding Judge.

DECIDED FEBRUARY 2, 1973.

EVANS, Judge, concurring specially.

Inasmuch as I wrote a dissenting opinion when this case was first considered in this court, concurred in by Judges Pannell and Deen ( Signal Oil Gas Company v. Conway, 126 Ga. App. 711 ( 191 S.E.2d 624)), I now most enthusiastically concur with the judgment of the Supreme Court of Georgia in reversing the majority of the Court of Appeals, and in affirming the judgment of the Superior Court of Cobb County.