Legal Opinion

Sparks v. Porcher

Court of Appeals of Georgia

Decided February 26, 1964No. 40333PublishedCited by 20 opinions

1Opinion of the Court

Pannell, Judge.

“Whether a person who takes passage in an automobile as an invitee or gratuitous passenger and continues to ride therein until an injury happens is guilty of contributory negligence or want of ordinary care by reason of the fact that the driver of the automobile has been drinking an intox- . icant, is generally a question for decision by a jury. A verdict will be set aside . . . only when it is plainly and indisputably contrary to the evidence. West v. Rosenberg, 44 Ga. App. 211 (160 SE 808); Smeltzer v. Atlanta Coach Co., 49 Ga. App. 755 (176 SE 846).” Britt v. Davis, 53 Ga.…

2Cases cited11 opinions

  1. Powell v. BerrySupreme Court of Georgia · 1916
  2. Evans v. CaldwellCourt of Appeals of Georgia · 1936
  3. West v. RosenbergCourt of Appeals of Georgia · 1931
  4. Mann v. HarmonCourt of Appeals of Georgia · 1940
  5. Williams v. OwensCourt of Appeals of Georgia · 1952

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3Cited by20 opinions

  1. Freeman v. MartinCourt of Appeals of Georgia · 1967
  2. Stukes v. TrowellCourt of Appeals of Georgia · 1969
  3. Adams v. U. S.. Fidelity & Guaranty Co.Court of Appeals of Georgia · 1971
  4. Matthew Eason v. George L. Weaver v. Reserve Insurance Company, Garnishee-AppellantCourt of Appeals for the Fifth Circuit · 1977
  5. Vogt v. RiceCourt of Appeals of Georgia · 1966

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