Legal Opinion · Dissent

Atlantic Greyhound Corp. v. Loudermilk

Court of Appeals for the Fifth Circuit

Decided March 21, 1940No. Nos. 9308, 9309Published

1DissentSibley, Circuit Judge

I agree that the jury could find that the Greyhound Bus was exceeding, the speed limit fixed by statute, and that the excess speed contributed to the accident or its fatality, and that the negligence of the driver of the automobile is not attributable to his guest, so that the verdict in favor of the wife of the guest is sustainable. I think the recovery by the mother of the driver of the automobile is not sustainable because she cannot recover unless he could if he had not died, and he could not recover by reason of a statute of Georgia which is applicable to all negligence cases, first…

2Cases cited16 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
  3. Americus, Preston & Lumpkin Railroad v. LuckieSupreme Court of Georgia · 1891
  4. Macon & Western Railroad v. JohnsonSupreme Court of Georgia · 1868
  5. Moore v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923

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