Bohler v. Owens
Supreme Court of Georgia
Inn-keepers. Negligence. Charge of court. New trial. Before Judge Clark. City Court of Atlanta. December Term, 1877. Bohler brought case against Owens as the proprietor of the National Hotel, in the city of Atlanta, for the value of a watch and pistol, alleged to have been stolen from the former, through the negligence of the latter. The defendant pleaded the general issue.
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Inn-keepers. Negligence. Charge of court. New trial. Before Judge Clark. City Court of Atlanta. December Term, 1877. Bohler brought case against Owens as the proprietor of the National Hotel, in the city of Atlanta, for the value of a watch and pistol, alleged to have been stolen from the former, through the negligence of the latter. The defendant pleaded the general issue. The evidence presented the following facts : At about eleven o’clock of the night of January 19, 1875, plaintiff retired to his room, slightly under the influence of liquor, having taken since supper from three to five…
1Opinion of the Court
Bleckley, Judge.
1. Negligence is a question for the jury. The charge of the court ought to trust the jury with the question. "Why should not the judge think that the jury can discriminate between what is, and what is not, negligence % The jury had access to the proper sources of information, through their own observation and experience. Negligence is the omission of diligence; and diligence is not otherwise defined than by referring to the actual conduct of men in the management of their own affairs. The lowest grade of diligence conforms to the conduct of the man of common sense who is least…
2Cited by10 opinions
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- Murchison v. SergentSupreme Court of Georgia · 1883
- Graham v. MaloneCourt of Appeals of Georgia · 1962
- Traylor v. Hyatt Corp.Court of Appeals of Georgia · 1970
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