Legal Opinion

Sheppard v. Johnson

Court of Appeals of Georgia

Decided July 2, 1912No. 4148PublishedCited by 13 opinions

Action for damages; from city court of Sandersville — Judge Jordan- March 12, 1912. The suit was for damages claimed to have been sustained as a consecfuence of an automobile, owned and driven by the defendant, having run into a wagon owned by the plaintiff and being driven on one of the public highways. The collision occurred about seven o’clock at night, at a point where the highway was intersected by another public road.

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Action for damages; from city court of Sandersville — Judge Jordan- March 12, 1912. The suit was for damages claimed to have been sustained as a consecfuence of an automobile, owned and driven by the defendant, having run into a wagon owned by the plaintiff and being driven on one of the public highways. The collision occurred about seven o’clock at night, at a point where the highway was intersected by another public road. The allegations of negligence are: (1) that the defendant did not have any light displayed on the front of his automobile at the time of the collision; (2) that he was…

1Opinion of the CourtPottle, J.

(After stating the foregoing facts.)

The only question presented for decision is whether or not the verdict in the plaintiff’s favor was supported by the evidence. There was no presumption of negligence against the defendant, and consequently the burden was on the plaintiff, not only to prove injury as alleged, but to prove that the defendant was guilty of some one or more acts of negligence set forth in the petition, and that such negligence was the proximate cause of the injury received by the plaintiff. By the act approved August 13, 1910, it is provided that from one hour after sunset to…

2Cited by13 opinions

  1. Huckabee v. GraceCourt of Appeals of Georgia · 1934
  2. Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
  3. Stanley v. SquadritoCourt of Appeals of Georgia · 1963
  4. Adams v. JacksonCourt of Appeals of Georgia · 1932
  5. Hudson v. StateCourt of Appeals of Georgia · 1921

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