Western Union Telegraph Co. v. Spencer
Court of Appeals of Georgia
Action for damages; from city court of Hinesville—Judge W. C. Hodges. March 27, 1919.
1Opinion of the CourtJenkins, P. J.
1. Questions as to diligence and negligence, including contributory negligence, being questions peculiarly for the jury, the court will decline to solve them on demurrer, except in plain and indisputable cases. In this case it can not be said that the allegations of the plaintiff’s petition as amended show, as a matter of law, that no other legal conclusion could be reached than that the plaintiff’s injuries were the result of his failure to exercise ordinary care, or that by the exercise of such care the consequences of the defendant’s alleged negligence could have been avoided. See R. & D.…
2Cases cited13 opinions
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Macon & Augusta Railroad v. Moses & MayesSupreme Court of Georgia · 1873
- Richmond & Danville Railroad v. HowardSupreme Court of Georgia · 1887
- Western & Atlantic Railroad v. YorkSupreme Court of Georgia · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
- Mann v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1931
- Western & Atlantic Railroad v. ReedCourt of Appeals of Georgia · 1926
- Central of Georgia Railway Co. v. LeonardCourt of Appeals of Georgia · 1934
- Brady v. GlossonCourt of Appeals of Georgia · 1953
13 more not listed; retrieve them via the Exa API.