Moye v. Reddick
Court of Appeals of Georgia
Action for damages; from Randolph superior court—Judge Worrill. September 1, 1916. The action was by Mary Reddick, a minor, by her next friend, against Mrs. A. C. Moye.
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Action for damages; from Randolph superior court—Judge Worrill. September 1, 1916. The action was by Mary Reddick, a minor, by her next friend, against Mrs. A. C. Moye. The petition, as amended, alleges, that the defendant has damaged the plaintiff in the sum of $5,000, by reason of the following facts: On November 2, 1912, plaintiff was on the streets of the City of Cuthbert, Georgia, where she had the right to be, and was run over by an automobile owned by the defendant, who was riding in it and controlling it at the time. The automobile was operated by Sam Humphreys, chauffeur for the…
1Opinion of the Court
"Wade, C. J.
1. The court did not err in overruling the general demurrer to the plaintiff’s petition; and there is not such merit . in the grounds of the special demurrer as to require a reversal, in *652the interest of justice, because of any harm to the defendant on account of the alleged defects pointed out thereby.
2. There is no merit in the ground of the motion for a new-trial that the court erred in charging section 5749 of the Civil Code of 1910, relating to the presumption arising where one who has evidence in his power and within his reach, to repel a charge or claim against him, fails to…
2Cases cited2 opinions
- Ware v. LamarCourt of Appeals of Georgia · 1915
- Ware v. LamarCourt of Appeals of Georgia · 1916
3Cited by14 opinions
- Maloy v. DixonCourt of Appeals of Georgia · 1972
- Huckabee v. GraceCourt of Appeals of Georgia · 1934
- Cotton States Fertilizer Co. v. ChildsSupreme Court of Georgia · 1934
- Wells v. AldermanCourt of Appeals of Georgia · 1968
- Faggart v. RoweCourt of Appeals of Georgia · 1925
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