Weyman v. Maynard
Court of Appeals of Georgia
Action for damages; from Fulton superior court—Judge Pendleton. November 19, 1918. See Maynard v. Atlanta Gas Light Go., ante, p. 5. The petition alleged, in substance, that the plaintiff’s husband, J. W. Maynard, and her brother-in-law, L. W. Whitley, entered into an agreement with the defendant Weyman whereby he was to rent to them-jointly, for the use of themselves and their families, the house and lot known as 570 Central Avenue, Atlanta, Ga., and in pursuance of this…
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Action for damages; from Fulton superior court—Judge Pendleton. November 19, 1918. See Maynard v. Atlanta Gas Light Go., ante, p. 5. The petition alleged, in substance, that the plaintiff’s husband, J. W. Maynard, and her brother-in-law, L. W. Whitley, entered into an agreement with the defendant Weyman whereby he was to rent to them-jointly, for the use of themselves and their families, the house and lot known as 570 Central Avenue, Atlanta, Ga., and in pursuance of this agreement they took possession of the house on August 27, 1917; that a few hours after they moved into it two employees of…
1Opinion of the CourtJenkins, J.
1. Ordinarily, questions of negligence are such as lie peculiarly within the province of the jury to determine; but where by the allegations of the petition itself it clearly appears that the plaintiff, by the exercise of ordinary care, could have readily avoided the consequences flowing from the defendant’s negligence, the petition is subject to demurrer, since “If the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant’s negligence, he is not entitled to recover.” Civil Code (1910), § 4426; Ball v. Walsh, 137 Ga. 350 (73 S. E. 585).
2. It is…
2Cases cited7 opinions
- Stack v. HarrisSupreme Court of Georgia · 1900
- J. B. White & Co. v. MontgomerySupreme Court of Georgia · 1877
- Ocean Steamship Co. v. HamiltonSupreme Court of Georgia · 1901
- Ball v. WalshSupreme Court of Georgia · 1912
- Henley v. BrockmanSupreme Court of Georgia · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jackson v. DavisCourt of Appeals of Georgia · 1929
- Newill v. Atlanta Gas-Light Co.Court of Appeals of Georgia · 1933
- Miller v. JonesCourt of Appeals of Georgia · 1923
- King v. Investors' Mortgage & Loan Co.Court of Appeals of Georgia · 1935
- Powers v. Atlanta Gas-Light Co.Court of Appeals of Georgia · 1933
8 more not listed; retrieve them via the Exa API.