Legal Opinion

Cavanaugh v. Biggin

Court of Appeals of Georgia

Decided June 29, 1911No. 2932PublishedCited by 10 opinions

Error from city court of Savannah — Judge Freeman. September 9,1910.

1Opinion of the CourtHiia, C. J.

1. Where three separate and distinct acts of negligence are relied upon for a recovery, it is not necessary to a recovery that proof should be made of each and all, if the defendant’s liability to respond in damages would be shown by establishing the commission of one or more of them; and in such a case it was not error for the trial judge to instruct the jury that if the plaintiff proved the negligence of the defendant in one or more of the ways stated in his petition, and such act was the proximate cause of the injury, the plaintiff could recover. Savannah Ry. Co. v. Evans, 121 Ga. 392 (5),…

2Cases cited3 opinions

  1. Hill v. CallahanSupreme Court of Georgia · 1889
  2. Southern Railway Co. v. HooperSupreme Court of Georgia · 1900
  3. Tracy v. BankerMassachusetts Supreme Judicial Court · 1898

3Cited by10 opinions

  1. Western & Atlantic Railroad v. JarrettCourt of Appeals of Georgia · 1918
  2. Collier v. PollardCourt of Appeals of Georgia · 1939
  3. Western & Atlantic Railroad v. WatkinsCourt of Appeals of Georgia · 1914
  4. Benton Rapid Express Inc. v. SammonsCourt of Appeals of Georgia · 1940
  5. Keebler v. WillardCourt of Appeals of Georgia · 1952

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