Legal Opinion

Bennett v. Dove

Court of Appeals of Georgia

Decided November 21, 1955No. 35942PublishedCited by 14 opinions

1Opinion of the CourtCarlisle, J.

1. A single wrongful or negligent act which injures both one’s person and his property gives but a single cause of action (Georgia Ry. &c. Co. v. Endsley, 167 Ga. 439, 145 S. E. 851, 62 A. L. R. 256; Western & Atlantic R. Co. v. Atkins, 141 Ga. 743, 82 S. E. 139), in the absence of a waiver by the defendant as to the bringing of separate suits by the plaintiff for the injuries to his person and to his property. Georgia Ry. &c. Co. v. Endsley, supra.

2. A settlement of the property damage will bar an action for damages on account of injuries to the person, where the property and personal…

2Cases cited5 opinions

  1. Georgia Railway & Power Co. v. EndsleySupreme Court of Georgia · 1928
  2. Giles v. SmithCourt of Appeals of Georgia · 1949
  3. James v. TarpleySupreme Court of Georgia · 1952
  4. Western & Atlantic Railroad v. AtkinsSupreme Court of Georgia · 1914
  5. Ludden & Bates Southern Music House v. Dairy & Farm Supply Co.Court of Appeals of Georgia · 1916

3Cited by14 opinions

  1. Phillips v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1970
  2. Gregory v. SchnursteinSupreme Court of Georgia · 1956
  3. Folsom v. MillerCourt of Appeals of Georgia · 1960
  4. Cincinnati Insurance v. Gwinnett Furniture Mart, Inc.Court of Appeals of Georgia · 1976
  5. Lineberger v. WilliamsCourt of Appeals of Georgia · 1990

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