Legal Opinion

Fisher Motor Car Co. v. Seymour & Allen

Court of Appeals of Georgia

Decided June 29, 1911No. 2823PublishedCited by 25 opinions

Action for damages; from city court of Elberton — Judge Tutt. June 30, 1910.

1Opinion of the CourtRussell, J.

1. There was no error in overruling the demurrer, nor in refusing a new trial. One who seeks to recover for the negligence of another is not required to negative contributory negligence on his part.

2. So far as the requests for instructions to the jury were pertinent and proper statements of the law, they were clearly covered by the general charge. The judge did not err in his charge to the jury upon the subject of accident. Where there is culpable negligence, the result can not be legally an accident. It was not error to instruct the jury that a pure accident must be “unmixed with the want…

2Cited by25 opinions

  1. Southern Railway Co. v. SlatonCourt of Appeals of Georgia · 1930
  2. Hill v. Hospital AuthorityCourt of Appeals of Georgia · 1976
  3. Sims v. MartinCourt of Appeals of Georgia · 1925
  4. Hardwick v. FiggersCourt of Appeals of Georgia · 1921
  5. Teague v. KeithSupreme Court of Georgia · 1959

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API