Legal Opinion · Dissent

Southland Butane Gas Co. v. Blackwell

Supreme Court of Georgia

Decided May 10, 1955No. 18864Published

1DissentMobley, Justice

I do not agree with the majority opinion in this case for several reasons. I think the ruling that, “if one voluntarily becomes drunk, and consequently falls down, or lies down, in a state of insensibility on a public highway, so that he is injured by a passing motor vehicle, he cannot recover for injuries so received, even though there may have been contributory negligence on the part of the operator of the motor vehicle,” is not a correct statement of the law. The basis of the court’s ruling is as stated, “paraphrasing the ruling” made in Southwestern Railroad v. Hankerson, 61 Ga. 114,…

2Cases cited14 opinions

  1. Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
  2. Bach v. Bragg Bros. & Blackwell Inc.Court of Appeals of Georgia · 1936
  3. Lovett v. Sandersville Railroad Co.Court of Appeals of Georgia · 1945
  4. Bennett Drug Stores Inc. v. MoselyCourt of Appeals of Georgia · 1942
  5. Southwestern Railroad v. HankersonSupreme Court of Georgia · 1878

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