City of Ocilla v. Luke
Court of Appeals of Georgia
Action for damages; from Irwin superior court — Judge Eve. August 35, 1931.
1Opinion of the CourtBroyles, C. J.
1. The alleged errors of commission and omission in the charge of the court, when considered in connection with the entire charge and the facts of the case, do not require a reversal of the judgment below.
2. The common-law rule that contributory negligence by a plaintiff prevents a recovery has been changed in this State by the code. Civil Code (1910), §§ 2781, 4426. The rule of force in this State is that where there is negligence by both parties which is concurrent and contributes to the injury sued for, a recovery by the plaintiff is not barred, but his damages shall be diminished by an…
2Cases cited6 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Louisville & Nashville Railroad v. StaffordSupreme Court of Georgia · 1916
- Central Railroad & Banking Co. v. NewmanSupreme Court of Georgia · 1894
- Alabama G. S. Ry. Co. v. CogginsCourt of Appeals for the Sixth Circuit · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ohio Southern Express Co. v. BeelerCourt of Appeals of Georgia · 1965
- Ohio Southern Express Co. v. BeelerCourt of Appeals of Georgia · 1965
- Rogers v. McKinleyCourt of Appeals of Georgia · 1934
- Savannah Electric Co. v. ThomasCourt of Appeals of Georgia · 1923
- Payne v. A. B. C. Truck Lines Inc.Court of Appeals of Georgia · 1939
5 more not listed; retrieve them via the Exa API.