Powell v. Berry
Supreme Court of Georgia
Action for damages. Before Judge Pendleton. Fulton superior court. May 25, 1915. Mrs. F. M. Berry brought suit against George Powell, to recover damages for the homicide of her son.
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Action for damages. Before Judge Pendleton. Fulton superior court. May 25, 1915. Mrs. F. M. Berry brought suit against George Powell, to recover damages for the homicide of her son. Her petition alleged, that her son was riding with the defendant in his automobile about eight o’clock at night; that the car was driven by the defendant at a rapid and reckless rate of speed, and that, when a curve in the road was reached, the defendant did not slacken the speed, by reason of which the car ran from one side of the road to the other, and finally off the highway upon an embankment, where it…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. Voluntary drunkenness furnishes no excuse for negligence; nor does it relieve a drunken man from exercising the degree of care required of a sober man in the same circumstances. If a person is required to use ordinary care, this means that care, which every prudent man would exercise under similar circumstances. In taking the conduct of évery prudent man as a standard, reference is made to the normal man; that is, the sober man. Ordinary care is not to be measured by what every prudent drunken man would do under like circumstances, but what every prudent…
2Cases cited5 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Atlanta & West Point Railroad v. HudsonSupreme Court of Georgia · 1905
- Atlantic Coast Line Railroad v. McDonaldSupreme Court of Georgia · 1911
- Central of Georgia Railway Co. v. ColeSupreme Court of Georgia · 1910
- Powell v. BerrySupreme Court of Georgia · 1915
3Cited by97 opinions
- Scott v. GardnerTexas Supreme Court · 1941
- Wakefield v. AR Winter Co., Inc.Court of Appeals of Georgia · 1970
- Ellington v. Tolar Consruction Co.Supreme Court of Georgia · 1976
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Whatley v. HenryCourt of Appeals of Georgia · 1941
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