Legal Opinion
Powers v. Pate
Court of Appeals of Georgia
Decided November 15, 1962No. 39503PublishedCited by 21 opinions
1Opinion of the Court
Frankum, Judge.
1. “Questions of negligence, diligence, contributory negligence, and proximate cause are peculiarly matters for the jury, and a court should not take the place of the jury in solving them, except in plain and indisputable cases.” Eubanks v. Mullis, 51 Ga. App. 728, 730 (181 SE 604). See Southern Stages v. Clements, 71 Ga. App. 169 (30 SE2d 429); Southern Bakeries Co. v. White, 103 Ga. App. 146 (118 SE2d 724), and cases cited therein. “. . . it has been held many times by the appellate courts that what amounts to negligence, contributory or comparative negligence, proximate…
2Cases cited21 opinions
- Eddleman v. AskewCourt of Appeals of Georgia · 1935
- Eubanks v. MullisCourt of Appeals of Georgia · 1935
- Laseter v. ClarkCourt of Appeals of Georgia · 1936
- Johnson v. StateSupreme Court of Georgia · 1924
- Callaway v. PickardCourt of Appeals of Georgia · 1942
16 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Atlanta Coca-Cola Bottling Company v. JonesSupreme Court of Georgia · 1976
- Kathleen G. O'Gee v. Dobbs Houses, Inc., and Third-Party v. United Air Lines, Inc., Third-Party and Cross-AppellantCourt of Appeals for the Second Circuit · 1978
- Beal v. BrauneckerCourt of Appeals of Georgia · 1987
- Atlanta Recycled Fiber Co. v. Tri-Cities Steel Co.Court of Appeals of Georgia · 1979
- Pike v. StaffordCourt of Appeals of Georgia · 1965
16 more not listed; retrieve them via the Exa API.