Home/Court of Appeals of Georgia/Fisher Motor Car Co. v. Seymour & Allen

Fisher Motor Car Co. v. Seymour & Allen

71 S.E. 764, 9 Ga. App. 465, 1911 Ga. App. LEXIS 180
CourtCourt of Appeals of Georgia
DecidedJune 29, 1911
Docket2823
StatusPublished
Cited by25 cases

This text of 71 S.E. 764 (Fisher Motor Car Co. v. Seymour & Allen) 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
Fisher Motor Car Co. v. Seymour & Allen, 71 S.E. 764, 9 Ga. App. 465, 1911 Ga. App. LEXIS 180 (Ga. Ct. App. 1911).

Opinion

Russell, J.

1. There was no error in overruling the demurrer, nor in refusing a new trial. One who seeks to recover for the negligence of another is not required to negative contributory negligence on his part.

2. So far as the requests for instructions to the jury were pertinent and proper statements of the law, they were clearly covered by the general charge. The judge did not err in his charge to the jury upon the subject of accident. Where there is culpable negligence, the result can not be legally an accident. It was not error to instruct the jury that a pure accident must be “unmixed with the want of ordinary care by either party.”

3. The opinion of a non-expert witness as to the speed of an automobile when he saw the machine in motion is admissible for the purpose of determining the rapidity at which it was running. The comparative value of opinion evidence of expert and non-expert witnesses is for the jury.

4. The newly discovered testimony was cumulative and impeaching.

Judgment affirmed.

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

Related

Morrison v. Department of Transportation
303 S.E.2d 501 (Court of Appeals of Georgia, 1983)
Hill v. Hospital Authority
224 S.E.2d 739 (Court of Appeals of Georgia, 1976)
Southern Mutual Investment Corp. v. Langston
197 S.E.2d 775 (Court of Appeals of Georgia, 1973)
Pendry v. Addison
125 S.E.2d 523 (Court of Appeals of Georgia, 1962)
Norman v. Norman
109 S.E.2d 900 (Court of Appeals of Georgia, 1959)
Teague v. Keith
108 S.E.2d 489 (Supreme Court of Georgia, 1959)
Ready-Mix Concrete Co. v. Rape
106 S.E.2d 429 (Court of Appeals of Georgia, 1958)
Atlanta Newspapers, Inc. v. Bell Transportation Co.
104 S.E.2d 545 (Court of Appeals of Georgia, 1958)
Ellison v. Evans
69 S.E.2d 94 (Court of Appeals of Georgia, 1952)
Brawner v. Guyton
59 S.E.2d 539 (Court of Appeals of Georgia, 1950)
Hall v. Kendall
59 S.E.2d 421 (Court of Appeals of Georgia, 1950)
Southern Stages Inc. v. Clements
30 S.E.2d 429 (Court of Appeals of Georgia, 1944)
Richter v. Atlantic Company
16 S.E.2d 259 (Court of Appeals of Georgia, 1941)
Bell v. State
183 S.E. 93 (Court of Appeals of Georgia, 1935)
Gay v. Smith
181 S.E. 129 (Court of Appeals of Georgia, 1935)
American Mutual Liability Insurance v. McCarty
165 S.E. 291 (Court of Appeals of Georgia, 1932)
Southern Railway Co. v. Slaton
154 S.E. 718 (Court of Appeals of Georgia, 1930)
Salmon v. Rogers
149 S.E. 52 (Court of Appeals of Georgia, 1929)
Sims v. Martin
126 S.E. 872 (Court of Appeals of Georgia, 1925)
Martin v. McAfee & Co.
122 S.E. 71 (Court of Appeals of Georgia, 1924)

Cite This Page — Counsel Stack

Bluebook (online)
71 S.E. 764, 9 Ga. App. 465, 1911 Ga. App. LEXIS 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-motor-car-co-v-seymour-allen-gactapp-1911.