Legal Opinion
Ohio Southern Express Co. v. Beeler
Court of Appeals of Georgia
Decided January 5, 1965No. 40887PublishedCited by 25 opinions
1Opinion of the Court
Bell, Presiding Judge.
Special ground 1 of the motion for new trial objects only to the trial court’s failure to instruct the jury on the comparative negligence rule effective in this State. The objection has no merit.
Under the common law, as construed by the courts of this State, contributory negligence on the part of the plaintiff bars any right to recover. Minter v. Kent, 62 Ga. App. 265, 270 (8 SE2d 109). Code § 105-603 represents a change from the common law contributory negligence rule, and the law which obtains in this State is the comparative negligence doctrine. Central of Ga. R. Co.…
2Cases cited9 opinions
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Selma, Rome & Dalton Railroad v. LacySupreme Court of Georgia · 1871
- Minter v. KentCourt of Appeals of Georgia · 1940
- Southern Railway Co. v. CunninghamSupreme Court of Georgia · 1905
- Hill v. Chattanooga Railway & Light Co.Court of Appeals of Georgia · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Eddie Manley, Individually, and as Administratrix of the Estate of Shirley Hall v. Leve T. EngramCourt of Appeals for the Eleventh Circuit · 1985
- Fed. Ins. Co. v. NAT. DISTRIBUTING CO. INC.Court of Appeals of Georgia · 1992
- Risdon Enterprises, Inc. v. Colemill Enterprises, Inc.Court of Appeals of Georgia · 1984
- Wardell v. Richmond Screw Anchor Co.Court of Appeals of Georgia · 1974
- Best Canvas Products & Supplies, Inc. v. Ploof Truck Lines, Inc.Court of Appeals for the Eleventh Circuit · 1983
20 more not listed; retrieve them via the Exa API.