Legal Opinion

Beasley v. Elder

Court of Appeals of Georgia

Decided June 16, 1953No. 34674PublishedCited by 18 opinions

1Opinion of the CourtCarlisle, J.

1. “In. the absence of anything to the contrary, every adult is presumed to possess ordinary intelligence, judgment, and discretion. Hendrix v. Vale Royal Mfg. Co., 134 Ga. 712 (68 S. E. 483).” Edwards v. A. B. & C. R. Co., 63 Ga. App. 212, 215 (10 S. E. 2d 449).

2. “One who knowingly and voluntarily takes a risk of injury to his person and property, the danger of which is so obvious that the act of taking such risk, in and of itself, amounts to a failure to exercise ordinary care and diligence for his own safety and that of his property, can not hold another liable for damages from injuries…

2Cases cited3 opinions

  1. Southern Railway Co. v. HoganSupreme Court of Georgia · 1908
  2. Hendrix v. Vale Royal Manufacturing Co.Supreme Court of Georgia · 1910
  3. Edwards v. Atlanta, Birmingham & Coast RailroadCourt of Appeals of Georgia · 1940

3Cited by18 opinions

  1. Southland Butane Gas Co. v. BlackwellSupreme Court of Georgia · 1955
  2. Palmer v. StevensCourt of Appeals of Georgia · 1967
  3. Freeman v. MartinCourt of Appeals of Georgia · 1967
  4. Tri-Cities Hospital Authority v. SheatsCourt of Appeals of Georgia · 1980
  5. Stukes v. TrowellCourt of Appeals of Georgia · 1969

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