Legal Opinion · Dissent

Reeves v. Morgan

Court of Appeals of Georgia

Decided December 3, 1970Published

1DissentEvans, Judge

I concur in Judge Pannell’s dissent. However, I wish to add the following comments.

The charge of the court to the jury, as set forth in Judge Pannell’s dissenting opinion, in my opinion was further erroneous for two additional reasons, to wit: (1) It was argumentative in suggesting that if the jury found one party guilty of violating a public law or statute, "... it would be your duty to find for the party not so guilty of negligence on that particular issue” — whereas the court should have instructed the jury that its duty was to determine whether one or both violated such public law or…

2Cases cited3 opinions

  1. Louisville & Nashville Railroad v. StaffordSupreme Court of Georgia · 1916
  2. Schofield v. HatfieldCourt of Appeals of Georgia · 1920
  3. Jones v. TannerCourt of Appeals of Georgia · 1921

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