Legal Opinion

O'Dowd v. Newnham

Court of Appeals of Georgia

Decided August 16, 1913No. 4533PublishedCited by 67 opinions

Action for damages; from city court of Bichmond county — Judge Eve. November 8, 1912. Mrs. Newnham brought suit against J. L. O’Dowd for damages for the homicide of her husband, who was struck down and killed by the defendant’s automobile. The jury returned a verdict against the defendant for $10,000, and, his motion for a new trial having been overruled, he excepted.

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Action for damages; from city court of Bichmond county — Judge Eve. November 8, 1912. Mrs. Newnham brought suit against J. L. O’Dowd for damages for the homicide of her husband, who was struck down and killed by the defendant’s automobile. The jury returned a verdict against the defendant for $10,000, and, his motion for a new trial having been overruled, he excepted. The evidence disclosed that Newnham was on the northwest corner of McKinne and Broad streets in the city of Augusta, Ga., when a street-car which passed his home was leaving McKinne street. In an endeavor to catch the street-car…

1Opinion of the CourtBussell, J.

(After stating the foregoing facts.)

Since we are convinced, after a painstaking investigation of the ■record, considered in the light of decisions of courts of last resort in many of our sister States, that the verdict was supported by the evidence and that there was no material error in any of the instructions of the court to which exception is taken, nor in the refusal of the court to give the instructions which were requested, we might dispose of the case by a simple affirmance of the judgment refusing a new trial. However, the points insisted upon by learned counsel for the plaintiff in…

2Cases cited18 opinions

  1. Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
  2. Lewis v. AmorousCourt of Appeals of Georgia · 1907
  3. Macomber v. NicholsMichigan Supreme Court · 1876
  4. Indiana Springs Co. v. BrownIndiana Supreme Court · 1905
  5. McFern v. GardnerMissouri Court of Appeals · 1906

13 more not listed; retrieve them via the Exa API.

3Cited by67 opinions

  1. Malcom v. MalcolmCourt of Appeals of Georgia · 1965
  2. Hill v. Southern Kansas Stage Lines Co.Supreme Court of Kansas · 1936
  3. Eubanks v. MullisCourt of Appeals of Georgia · 1935
  4. Ritter v. HicksWest Virginia Supreme Court · 1926
  5. Zarzana v. Neve Drug Co.California Supreme Court · 1919

62 more not listed; retrieve them via the Exa API.

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