Legal Opinion

Akin v. Brantley

Court of Appeals of Georgia

Decided February 24, 1921No. 11298PublishedCited by 9 opinions

Action for damages; from Fulton superior court — Judge Pendleton. January 17, 1920.

1Opinion of the CourtStephens, J.

Where two parties are guilty of separate acts of negligence which jointly and concurrently co-operate and cause an injury, the parties are joint tort feasors. In a suit against two defendants a petition is not subject to demurrer upon the ground 'that there was a misjoinder of actions or parties defendant, where the petition alleges that the plaintiff was injured in a collision between two automobiles caused by the concurrent negligence of the two defendants in approaching each other from intersecting roadways, each driving an automobile at an illegal rate of speed. See, in this connection,…

2Cases cited3 opinions

  1. Georgia Railway & Power Co. v. RyanCourt of Appeals of Georgia · 1919
  2. Kelly v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1919
  3. Aaron v. Coca Cola Bottling Co.Supreme Court of Georgia · 1915

3Cited by9 opinions

  1. Scearce v. Mayor of GainesyilleCourt of Appeals of Georgia · 1925
  2. McGinnis v. ShawCourt of Appeals of Georgia · 1933
  3. Stone's Independent Oil Distributors v. BaileyCourt of Appeals of Georgia · 1970
  4. Allyn & Bacon Book Publishers v. NicholsonCourt of Appeals of Georgia · 1938
  5. Reeves v. McHanCourt of Appeals of Georgia · 1948

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