Legal Opinion
Lowe v. Payne
Supreme Court of Georgia
Decided September 8, 1923No. 3496PublishedCited by 57 opinions
1Opinion of the CourtHines, J.
Where the plaintiff by the exercise of ordinary care could have avoided the consequences to himself caused by the defendant’s negligence, he is not entitled to recover. Civil Code (1910), §§ 2781, 4426. This clearly is the rule where the person injured is the plaintiff and is suing for an injury to his person. This principle is also applicable to cases in which plaintiffs are suing for the homicide of others. In Macon & Western R. Co. v. Johnson, 38 Ga. 409, 431, which was an action by a widow against a railroad company for the homicide of her husband, the court used this language: “ The man…
2Cases cited20 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Macon & Western Railroad v. JohnsonSupreme Court of Georgia · 1868
- Central of Georgia Railway Co. v. TapleySupreme Court of Georgia · 1916
- Central Railroad v. BrinsonSupreme Court of Georgia · 1883
- Central Railroad & Banking Co. v. DensonSupreme Court of Georgia · 1890
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3Cited by57 opinions
- Southland Butane Gas Co. v. BlackwellSupreme Court of Georgia · 1955
- Wynne v. Southern Bell Telephone & Telegraph Co.Supreme Court of Georgia · 1925
- Atlantic Coast Line Railroad v. FulfordSupreme Court of Georgia · 1925
- Hammontree v. Southern Railway Co.Court of Appeals of Georgia · 1932
- Carr v. John J. Woodside Storage Co.Supreme Court of Georgia · 1961
52 more not listed; retrieve them via the Exa API.