concurring specially. I am in full agreement that the evidence in this case raised jury issues as to whether the defendant had been guilty of negligence, and, if so, whether it had amounted to gross negligence, and whether it was the proximate cause of plaintiff’s injury (Central of Ga. R. Co. v. Moore, 149 Ga. 581, 583 (101 SE 688)), and those issues have been resolved by the verdict. Austin v. Smith, 96 Ga. App. 659, 663 (101 SE2d 169). The evidence did not demand a verdict for the plaintiff or for the defendant. Eddleman v. Askew, 50 Ga. App. 540 (179 SE 247); Sammons v. Webb, 86 Ga. App. 382, 391 (71 SE2d 832); Norris v. Sikes, 102 Ga. App. 609 (117 SE2d 214). Consequently I join the judgment of affirmance.
I do not agree that the law has been properly stated in Garrett v. Royal Bros. Co., 225 Ga. 533 (170 SE2d 294) by the majority of a divided court, but view it as stated in a long line of prior full bench decisions of the Supreme Court, such as Powell v. Berry, 145 Ga. 696, 701 (89 SE 753, LRA 1917A 306); Bussey v. Dawson, 224 Ga. 191 (160 SE2d 834), and as is indicated in Dodson v. Southern R. Co., 55 Ga. App. 413, 419 (190 SE 392); Bessman v. Greyhound Bus Depot, 81 Ga. App. 428 (58 SE2d 922); Friedman v. Sloan, 125 Ga. App. 98 (186 SE2d 467).