Madden v. Mitchell Automobile Co.
Court of Appeals of Georgia
Action for damages; from Walker superior court — Judge Tarver. February 21, 1917. T. F. Madden filed suit in attachment against S. L. Mitchell Automobile Co., S. L. Mitchell, and Lookout Mountain & Chattanooga Sight-seeing Company.
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Action for damages; from Walker superior court — Judge Tarver. February 21, 1917. T. F. Madden filed suit in attachment against S. L. Mitchell Automobile Co., S. L. Mitchell, and Lookout Mountain & Chattanooga Sight-seeing Company. Briefly stated, the material allegations of the petition are as follows: That the defendants were, on May 15, 1914, operating motor , trucks over a described route, for sight-seeing parties; that at a certain point on said route stood a large monument, known as the Iowa Monument, and at this point is a playground where a number of children, between the ages of six…
1Opinion of the CourtHarwell, J.
(After slating the foregoing facts.) The principles of law announced by the court in Ashworth v. Southern Railway Co., 116 Ga. 635 (43 S. E. 36, 59 L. R. A. 592), are applicable to the instant case. The Ashworth case has been followed by a number of decisions since rendered by the Supreme Court of Georgia. The cases cited by the defendant in error from other jurisdictions we do not think conflict with the ruling in the Ashworth case. In Ziegman v. Beebee, 97 Neb. 689 (151 N. W. 167, L. R. A. 1915D, 536), one of the eases cited by defendant in error, the court said: “The question would be…
2Cases cited3 opinions
- Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
- Wynn v. City & Suburban RailwaySupreme Court of Georgia · 1893
- Zigman v. Beebe & Runyan Furniture Co.Nebraska Supreme Court · 1915
3Cited by8 opinions
- McVicar v. WR Arthur & CompanySupreme Court of Missouri · 1958
- Routt v. LookWisconsin Supreme Court · 1923
- Farmers & Merchants Bank v. Stovall Investment Co.Court of Appeals of Georgia · 1934
- Moore v. DeKalb Supply Co.Court of Appeals of Georgia · 1925
- Glover v. DixonCourt of Appeals of Georgia · 1940
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