concurring in part and dissenting in part. I am of the opinion that this court was in error in Bolden v. Barnes, 117 Ga. App. 862 (162 SE2d 307) in holding as a matter of law that a jury could not find the hot stove to be a concurring cause of the injuries. For the removal of the cap by the plaintiff to be the sole proximate cause one would have to say that the incident would have happened regardless of any negligence on the part of Bolden as to the hot stove. Furthermore, I am also of the opinion that it is for a jury rather than a court to say which of several possible causes of an injury preponderates or whether or not they are concurring causes.
Nevertheless, I see no basis to say that a jury could find that Standard Oil Company had built and leased a defective garage. There is no evidence of anything defective in the building itself. I cannot see how Standard Oil can be held liable for the operation of the stove. Bolden, as an independent contractor, leased the building from Standard Oil in 1961. He borrowed the stove from Standard Oil in 1963. The stove was loaned without charge along with many other tools. The stove was installed, maintained, operated and serviced by Bolden and his employees. Standard Oil cannot be held liable for the manner in which the stove was operated.
I dissent from the judgment reversing the refusal to grant a summary judgment in behalf of the Boldens.
I am authorized to state that Judge Pannell concurs in this dissent.