Legal Opinion

Savannah Electric Co. v. Joseph

Court of Appeals of Georgia

Decided July 19, 1920No. 10861PublishedCited by 12 opinions

Action for damages; from city court of Savannah—Judge Freeman. July 18, 1919.

1Opinion of the CourtStephens, J.

1. In a suit against a street-ear company to recover for damage to personal property, caused by the running of one of the defendant’s cars, there is a presumption of negligence against the defendant, which presumption, taken together with the evidence of negligence on the pai't of the plaintiff, may constitute an issue for the jury. Even though plaintiff’s negligence be conclusively shown, its causal connection with the injury may nevertheless be a question for the jury.

2. It is not the duty of the trial judge to instruct the jury as to what facts constitute negligence. It was proper to…

2Cases cited2 opinions

  1. Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
  2. Atlanta & West Point Railroad v. HudsonSupreme Court of Georgia · 1905

3Cited by12 opinions

  1. Southern Railway Co. v. SlatonCourt of Appeals of Georgia · 1930
  2. Davis v. WhitcombCourt of Appeals of Georgia · 1923
  3. Seaboard Air-Line Railway Co. v. BentonCourt of Appeals of Georgia · 1931
  4. Northern Freight Lines, Inc. v. Southern Railway Co.Court of Appeals of Georgia · 1963
  5. Porter v. BlandCourt of Appeals of Georgia · 1962

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