Gallovitch v. Ellis
Court of Appeals of Georgia
1Opinion of the CourtSutton, J.
1. Where it appears from a petition that the negligence alleged against the defendant was not the proximate and effective cause of the alleged injury, a demurrer to such petition should be sustained. “The most generally accepted theory of causation is that of natural and probable consequences (Mayor &c. of Macon v. Dykes, 103 Ga. 847, 848, 31 S. E. 443); and in order to hold the defendant liable, the petition must show either that the act complained of was the sole occasion of the injury, or that it put in operation other causal forces, such as were the direct, natural, and probable…
Also in this document: Concurrence.
2Cases cited11 opinions
- Southern Railway Co. v. WebbSupreme Court of Georgia · 1902
- Andrews & Co. v. KinselSupreme Court of Georgia · 1901
- Mayor of Macon v. DykesSupreme Court of Georgia · 1898
- Georgia Power Co. v. KinardCourt of Appeals of Georgia · 1933
- Gillespie v. AndrewsCourt of Appeals of Georgia · 1921
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Warner v. ArnoldCourt of Appeals of Georgia · 1974
- Bishop v. Mangal Bhai Enterprises, Inc.Court of Appeals of Georgia · 1990
- Gulf Oil Corporation v. StanfieldSupreme Court of Georgia · 1957
- McClendon v. Citizens & Southern National BankCourt of Appeals of Georgia · 1980
- Banks v. Housing C. of AtlantaCourt of Appeals of Georgia · 1949
14 more not listed; retrieve them via the Exa API.