Legal Opinion
Southern Railway Co. v. Bottoms
Court of Appeals of Georgia
Decided October 2, 1926No. 16859PublishedCited by 18 opinions
1Opinion of the CourtStephens, J.
1. The correct rule for computing damages for negligence, in a suit against a railway company, is that where both the defendant and the plaintiff are negligent, a recovery by the plaintiff must be diminished in proportion to the default attributable to him. Civil Code (1910), § 2781. In a suit against two defendants a charge that the damage which the plaintiff would be entitled to recover should “be reduced as you may find their negligence to be” is not a full and clear statement of the rule. In a suit for personal injuries against a railway company and another defendant jointly, where the…
2Cases cited9 opinions
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1881
- Denman v. JohnstonMichigan Supreme Court · 1891
- Betts Co. v. HancockSupreme Court of Georgia · 1912
- Linder v. BrownSupreme Court of Georgia · 1912
- Bostwick v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Collins v. McPhersonCourt of Appeals of Georgia · 1954
- Chancey v. ShirahCourt of Appeals of Georgia · 1957
- Jackson v. Camp & Brown Produce Co.Court of Appeals of Georgia · 1955
- Atlantic Coast Line Railroad v. KnightCourt of Appeals of Georgia · 1933
- Wright v. LailSupreme Court of Georgia · 1964
13 more not listed; retrieve them via the Exa API.