Legal Opinion

Spivey v. Lovett

Court of Appeals of Georgia

Decided January 24, 1934No. 23301PublishedCited by 5 opinions

1Opinion of the CourtJenkins, P. J.

1. Although “one into whose service another volunteers without his assent, express or implied, is not under the duties of a master toward a servant or required to anticipate or discover the peril of such volunteer, but is only bound, relatively to such volunteer, to use due care not to injure him after notice *336of his peril,” and where the plaintiff is such a mere volunteer, his “infancy can not change the relations of the parties or supply the place of negligence on the part of the defendant” (Atlanta & West Point R. Co. v. West, 121 Ga. 641, 49 S. E. 711, 67 L. R. A. 701, 104 Am. St. R. 179),…

2Cases cited4 opinions

  1. Atlanta & West Point Railroad v. WestSupreme Court of Georgia · 1905
  2. Hooper v. Southern Railway Co.Supreme Court of Georgia · 1900
  3. Payne v. RiversCourt of Appeals of Georgia · 1921
  4. Evans v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1926

3Cited by5 opinions

  1. Harper v. CookWest Virginia Supreme Court · 1954
  2. Minchew v. HustonCourt of Appeals of Georgia · 1942
  3. Howard v. Georgia Power Co.Court of Appeals of Georgia · 1934
  4. Harper v. CookWest Virginia Supreme Court · 1954
  5. Minchew v. HustonCourt of Appeals of Georgia · 1942

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