Legal Opinion

Central of Georgia Railway Co. v. Brower

Court of Appeals of Georgia

Decided September 7, 1960No. 38376PublishedCited by 3 opinions

1Opinion of the Court

Carlisle, Judge-.

It is so well established in Georgia as to require no- citation of authority that questions of negligence and causation are, except in plain, palpable and indisputable cases, solely for decision by the jury, and that such questions will not be decided upon demurrer unless reasonable minds cannot differ. It is equally well established that, unless the defendant can admit every allegation of fact set forth in the petition and still escape liability, a general demurrer ought not to be sustained.

As has been said on numerous occasions, no two cases are exactly alike in the facts…

2Cases cited15 opinions

  1. Mann v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1931
  2. Bach v. Bragg Bros. & Blackwell Inc.Court of Appeals of Georgia · 1936
  3. Abel v. StateSupreme Court of Georgia · 1940
  4. Alford v. DavisCourt of Appeals of Georgia · 1918
  5. Central of Georgia Railway Co. v. HeardCourt of Appeals of Georgia · 1927

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

3Cited by3 opinions

  1. Georgia, Ashburn, Sylvester & Camilla Railway Co. v. RutherfordCourt of Appeals of Georgia · 1961
  2. Turkett v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1968
  3. Shuler v. Southern Railway Co.Court of Appeals of Georgia · 1962

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API