Studstill v. Bergsteiner
Court of Appeals of Georgia
Action for damages; from city court'of Valdosta—Judge Cranford. July 9, 1919. 1. Because of a collision of their automobiles, Bergsteiner sued Studstill for damages, and the defendant by his plea claimed damages from the plaintiff, each alleging that the collision was caused by the negligence of the other.
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Action for damages; from city court'of Valdosta—Judge Cranford. July 9, 1919. 1. Because of a collision of their automobiles, Bergsteiner sued Studstill for damages, and the defendant by his plea claimed damages from the plaintiff, each alleging that the collision was caused by the negligence of the other. The plaintiff alleged, that the defendant and the defendant’s son, who were together in the defendant’s automobile, which was being driven by the son, were negligent in undertaking to cross from the plaintiff’s left in front of the plaintiff’s car, without giving notice of this intention,…
1Opinion of the CourtBloodworth, J.
1. The pleadings in this case do not make any distinct issue as to contributory negligence (comparative negligence affecting the amount of recovery), nor was there a proper and timely written request for a charge on this subject, and this theory was not so involved in the case as a distinct and essential issue that the court 'was required to charge thereon without a request. Savannah Electric Co. v. Crawford, 130 Ga. 421 (1), 424, 425 (60 S. E. 1056); Southern Railway Co. v. Weatherby, 20 Ga. App. 399 (2) (93 S. E. 31); Western & Atlantic Railroad Co. v. Jarrett, 22 Ga. App. 314 (3), 318-323…
2Cases cited3 opinions
- Savannah Electric Co. v. CrawfordSupreme Court of Georgia · 1908
- Western & Atlantic Railroad v. JarrettCourt of Appeals of Georgia · 1918
- Southern Railway Co. v. WeatherbyCourt of Appeals of Georgia · 1917
3Cited by6 opinions
- Russell v. BayneCourt of Appeals of Georgia · 1932
- Atlas Auto Finance Company v. AtkinsCourt of Appeals of Georgia · 1949
- Williams v. YoungCourt of Appeals of Georgia · 1962
- American National Insurance v. NelsonCourt of Appeals of Georgia · 1943
- Hill v. KirkCourt of Appeals of Georgia · 1948
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