Ball v. Walsh
Supreme Court of Georgia
Action for damages. Before Judge Bell. Fulton superior court. October 11, 1910.
1Opinion of the CourtFish, C. J.
1. If the plaintiff, by ordinary care, could liave avoided the consequences to himself caused by the defendant’s negligence, he is not entitled to recover. Civil Code, § 4426.
(а) This doctrine has been frequently applied in actions brought by tenants against landlords for damages sustained by tenants by reason of landlords’ failure to keep the rented premises in repair, as they are bound to do under the statute in this State. Some of the cases in point are Miller v. Smythe, 92 Ga. 154 (18 S. E. 46); Id. 95 Ga. 288 (2), 291 (22 S. E. 532); Stack v. Harris, 111 Ga. 149 (36 S. E. 615); Aikin v.…
2Cases cited6 opinions
- Stack v. HarrisSupreme Court of Georgia · 1900
- Henley v. BrockmanSupreme Court of Georgia · 1906
- Aikin v. PerrySupreme Court of Georgia · 1903
- Miller v. SmytheSupreme Court of Georgia · 1893
- Veal v. HanlonSupreme Court of Georgia · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- McGee v. HardacreCourt of Appeals of Georgia · 1921
- Vaissiere v. J. B. Pound Hotel Co.Supreme Court of Georgia · 1937
- Donehoe v. CraneSupreme Court of Georgia · 1913
- Williams v. JonesCourt of Appeals of Georgia · 1921
- Mason v. FrankelCourt of Appeals of Georgia · 1934
27 more not listed; retrieve them via the Exa API.