Atkinson v. Yarborough

Court of Appeals of Georgia

Atkinson v. Yarborough

85 S.E. 355, 16 Ga. App. 352, 1915 Ga. App. LEXIS 624

CourtCourt of Appeals of Georgia

DecidedMay 17, 1915

Docket5946

StatusPublished

This text of 85 S.E. 355 (Atkinson v. Yarborough) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atkinson v. Yarborough, 85 S.E. 355, 16 Ga. App. 352, 1915 Ga. App. LEXIS 624 (Ga. Ct. App. 1915).

Pincite

Opinion

Russell, C. J.

When this case was formerly before this court upon the question as to the correctness of a judgment overruling a general demurrer to the plaintiff’s petition (13 Ga. App. 781, 80 S. E. 29), the court said, “The question of comparative negligence raised by the pleadings presents issues of fact which can properly be determined only by a jury.” The plaintiff offered testimony to sustain all the material allegations of her petition, and, the jury having returned a verdict in her favor, this court can not interfere therewith. Judgment affirmed. ■

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Russell, C. J.

When this case was formerly before this court upon the question as to the correctness of a judgment overruling a general demurrer to the plaintiff’s petition (13 Ga. App. 781, 80 S. E. 29), the court said, “The question of comparative negligence raised by the pleadings presents issues of fact which can properly be determined only by a jury.” The plaintiff offered testimony to sustain all the material allegations of her petition, and, the jury having returned a verdict in her favor, this court can not interfere therewith. Judgment affirmed. ■

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Bluebook (online)

85 S.E. 355, 16 Ga. App. 352, 1915 Ga. App. LEXIS 624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkinson-v-yarborough-gactapp-1915.

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