Schofield v. Hatfield
Court of Appeals of Georgia
Action for damages; from city court of Macon—Judge Guerry. May 16, 1919. • Mrs. I. I. Hatfield brought suit against J. S. Schofield, for the homicide of her son, alleged to have been caused by a collision of the defendant’s automobile with an automobile which her son was driving along a public highway.
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Action for damages; from city court of Macon—Judge Guerry. May 16, 1919. • Mrs. I. I. Hatfield brought suit against J. S. Schofield, for the homicide of her son, alleged to have been caused by a collision of the defendant’s automobile with an automobile which her son was driving along a public highway. Among various grounds of negligence, as the cause of the injury, she alleged the negligence of the defendant in running his automobile along a public highway at a dangerous and unlawful rate of speed in excess of 60 miles per hour, in violation of a penal statute of the State regulating the'…
1Opinion of the CourtStephens, J.
(After stating the foregoing facts.) The plaintiffs right to recover must necessarily depend upon the defendant’s negligence as the proximate cause of the injury. She, of course, *514cannot recover upon her own negligence or that of the person injured. Any negligent act of the defendant in which the person injured participated and which was the joint act of both parties must necessarily be the negligence of the person injured as well as the defendant, and,- if the proximate cause of the injury, would necessarily bar a recovery. If, however, the negligence of the parties consists, not in the joint…
2Cases cited2 opinions
- Hughes v. Atlanta Steel Co.Supreme Court of Georgia · 1911
- Central of Georgia Railway Co. v. MooreSupreme Court of Georgia · 1919
3Cited by18 opinions
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
- Mann v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1931
- Georgia Railroad & Banking Co. v. WallisCourt of Appeals of Georgia · 1923
- Adams v. SmithCourt of Appeals of Georgia · 1973
- Martin v. McAfee & Co.Court of Appeals of Georgia · 1924
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