Legal Opinion

Whiting v. Easterwood

Court of Appeals of Georgia

Decided September 22, 1961No. 39069PublishedCited by 1 opinion

1Opinion of the Court

Nichols, Judge.

1. As to the usual general grounds of the motion for new trial the case is controlled adversely to the plaintiff by the decision in Dixon v. Dixon, 103 Ga. App. 166 (118 SE2d 713). Under the circumstances of the case a jury question was presented as to whether the defendant was negligent. In the Dixon case the question presented was whether the defendant was negligent in assuming that his grandchild was across the street where he had been a minute or so before the tragic moment. Here the real question for the jury was whether the defendant was negligent in assuming that the…

2Cases cited11 opinions

  1. Anderson v. Southern Railway Co.Supreme Court of Georgia · 1899
  2. Hardwick v. Georgia Power Co.Court of Appeals of Georgia · 1959
  3. Mutual Benefit Health & Accident Ass'n v. HickmanCourt of Appeals of Georgia · 1959
  4. White v. StateSupreme Court of Georgia · 1914
  5. West Lumber Co. v. SchnuckCourt of Appeals of Georgia · 1952

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3Cited by1 opinion

  1. Westberry v. RadfordCourt of Appeals of Georgia · 1963

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