Legal Opinion · Dissent

General Motors Corporation v. Jenkins

Court of Appeals of Georgia

Decided December 20, 1966No. 42163, 42164Published

1DissentDeen, Judge

The doctrine of intervening proximate cause arises, and is usually applied, where the original passive or static negligence, harmless in itself, merely furnished a condition on which a later act of negligence acts to effect the harm, or where the intervening act would have itself caused the injury whether or not the original act of negligence existed. Thus, in Stiles v. Atlanta & W. P. R., 65 Ga. 370, it was held that the “independent, illegal act of a third person intervening and producing injury and without which it would not have happened,” excused the other defendant, even thoúgh…

2Cases cited11 opinions

  1. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  2. Ford Motor v. WagonerTennessee Supreme Court · 1946
  3. Atlantic Coast Line Railroad v. CoxwellCourt of Appeals of Georgia · 1955
  4. Olds Motor Works v. ShafferCourt of Appeals of Kentucky · 1911
  5. Georgia Power Co. v. KinardCourt of Appeals of Georgia · 1933

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