City of Dalton v. Phillips

Court of Appeals of Georgia

City of Dalton v. Phillips

190 S.E. 46, 55 Ga. App. 287, 1937 Ga. App. LEXIS 71

CourtCourt of Appeals of Georgia

DecidedFebruary 23, 1937

Docket25983

StatusPublished

This text of 190 S.E. 46 (City of Dalton v. Phillips) 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

City of Dalton v. Phillips, 190 S.E. 46, 55 Ga. App. 287, 1937 Ga. App. LEXIS 71 (Ga. Ct. App. 1937).

Pincite

Opinion

Broyles, C. J.

A suit for damages against the City of Dalton was brought by Mrs. Phillips, for alleged personal injuries to herself. A verdict in favor of the plaintiff was returned, and a motion for new trial (containing the general grounds only) was overruled. In the brief of counsel for the plaintiff in error the only argument presented for the reversal of the judgment is that the evidence demanded a finding that by the exercise of ordinary care the plaintiff could have avoided the consequences of the city’s negligence. We have carefully read the evidence in the transcript of the record, and we think that this question was for the determination of the jury. The question having been submitted to the jury, with proper and appropriate instructions, their finding in favor of the plaintiff having been approved by the judge, and no error of law appearing, this court is without authority to interfere.

Judgment affirmed.

MacIntyre cmd Guerry, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Broyles, C. J.

A suit for damages against the City of Dalton was brought by Mrs. Phillips, for alleged personal injuries to herself. A verdict in favor of the plaintiff was returned, and a motion for new trial (containing the general grounds only) was overruled. In the brief of counsel for the plaintiff in error the only argument presented for the reversal of the judgment is that the evidence demanded a finding that by the exercise of ordinary care the plaintiff could have avoided the consequences of the city’s negligence. We have carefully read the evidence in the transcript of the record, and we think that this question was for the determination of the jury. The question having been submitted to the jury, with proper and appropriate instructions, their finding in favor of the plaintiff having been approved by the judge, and no error of law appearing, this court is without authority to interfere.

Judgment affirmed.

MacIntyre cmd Guerry, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

190 S.E. 46, 55 Ga. App. 287, 1937 Ga. App. LEXIS 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-dalton-v-phillips-gactapp-1937.