Moone v. Smith

Court of Appeals of Georgia

Moone v. Smith

67 S.E. 836, 7 Ga. App. 675, 1910 Ga. App. LEXIS 456

CourtCourt of Appeals of Georgia

DecidedApril 19, 1910

Docket2430

StatusPublished

Cited by2 cases

This text of 67 S.E. 836 (Moone v. Smith) 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

Moone v. Smith, 67 S.E. 836, 7 Ga. App. 675, 1910 Ga. App. LEXIS 456 (Ga. Ct. App. 1910).

Pincite

Opinion

Powell, J.

1. The court erred in granting a nonsuit. Moone v. Smith, 6 Ga. App. 649 (65 S. E. 712), and eit.

2. The fact that the plaintiff was himself at the time of his injury engaged in an act violative of the penal laws of this State (in this case, gaming) does not preclude his recovery for damage resulting to him from the negligence of another, provided that his unlawful act did not proximately contribute to bringing about his injury. 29 Cyc. 125; Johnson v. Rome Ry. & Light Co., 4 Ca. App. 742, 745 (62 S. E. 491) ; Norris v. Litchfield, 35 N. H. 271 (69 Am. D. 546).

Judgment reversed.

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Powell, J.

1. The court erred in granting a nonsuit. Moone v. Smith, 6 Ga. App. 649 (65 S. E. 712), and eit.

2. The fact that the plaintiff was himself at the time of his injury engaged in an act violative of the penal laws of this State (in this case, gaming) does not preclude his recovery for damage resulting to him from the negligence of another, provided that his unlawful act did not proximately contribute to bringing about his injury. 29 Cyc. 125; Johnson v. Rome Ry. & Light Co., 4 Ca. App. 742, 745 (62 S. E. 491) ; Norris v. Litchfield, 35 N. H. 271 (69 Am. D. 546).

Judgment reversed.

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Bluebook (online)

67 S.E. 836, 7 Ga. App. 675, 1910 Ga. App. LEXIS 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moone-v-smith-gactapp-1910.

Opinion

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