Syms v. Central of Georgia Railway Co.
Court of Appeals of Georgia
Action for damages; from city court of Savannah — Judge Davis Freeman. March 11, 1915.
1Opinion of the CourtRussell, C. J.
1. Where, in an action for personal injury, the case turns upon the question whether the party injured could, by the exercise of ordinary care, have avoided the injury, and the evidence does not show such conduct on his part as to amount to negligence per se, the question as to the exercise of ordinary care is for the jury. Dethrage v. City of Rome, 125 Ga. 802 (54 S. E. 654); Smith v. Smith & Kelly Co., 12 Ga. App. 19 (76 S. E. 770).
2. From the plaintiff’s testimony, it being a doubtful question as to whether he could, by the exercise of ordinary care, have avoided the alleged injuries, the…
2Cases cited8 opinions
- Dethrage v. City of RomeSupreme Court of Georgia · 1906
- Central of Georgia Railway Co. v. HarperSupreme Court of Georgia · 1906
- Central Railroad v. FreemanSupreme Court of Georgia · 1880
- Hutchinson v. Greene CountyCourt of Appeals of Georgia · 1912
- Steinhauser v. Savannah, Florida & Western Railway Co.Supreme Court of Georgia · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Payne v. A. B. C. Truck Lines Inc.Court of Appeals of Georgia · 1939
- Central of Georgia Railway Co. v. SymsCourt of Appeals of Georgia · 1917