Legal Opinion
Davis v. Calhoun
Court of Appeals of Georgia
Decided January 23, 1973No. 47698PublishedCited by 24 opinions
1Opinion of the Court
DEEN, Judge.
The legal defense of emergency is not inappropriate merely because the action for damages is brought by a guest passenger in the defendant’s automobile, although it deals with "ordinary care under the circumstances” whereas the duty owing to the passenger is one of slight care. See Hatcher v. Bray, 88 Ga. App. 344 (4) (77 SE2d 64); Atkins v. Britt, 114 Ga. App. 258 (1) (150 SE2d 841). In Ware v. Alston, 112 Ga. App. 627 (1) (145 SE2d 721) and cits, is to be found an excellent summary of factors which must appear to make the rule applicable: It refers only to those acts which occur…
2Cases cited6 opinions
- Ware v. AlstonCourt of Appeals of Georgia · 1965
- Stone's Independent Oil Distributors v. BaileyCourt of Appeals of Georgia · 1970
- Hatcher v. BrayCourt of Appeals of Georgia · 1953
- Stallings v. BrittSupreme Court of Georgia · 1948
- Atkins v. BrittCourt of Appeals of Georgia · 1966
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Cohran v. Douglasville Concrete Products, Inc.Court of Appeals of Georgia · 1980
- International Indemnity Co. v. Bakco Acceptance, Inc.Court of Appeals of Georgia · 1984
- Lawson v. Duke Oil Co.Court of Appeals of Georgia · 1980
- Butgereit v. Enviro-Tech Environmental Services, Inc.Court of Appeals of Georgia · 2003
- Hall v. ChastainSupreme Court of Georgia · 1980
19 more not listed; retrieve them via the Exa API.