Savannah Electric Co. v. Johnson

Court of Appeals of Georgia

Savannah Electric Co. v. Johnson

76 S.E. 1059, 12 Ga. App. 154, 1913 Ga. App. LEXIS 473

CourtCourt of Appeals of Georgia

DecidedJanuary 22, 1913

Docket4498

StatusPublished

Cited by1 cases

This text of 76 S.E. 1059 (Savannah Electric Co. v. Johnson) 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

Savannah Electric Co. v. Johnson, 76 S.E. 1059, 12 Ga. App. 154, 1913 Ga. App. LEXIS 473 (Ga. Ct. App. 1913).

Pincite

Opinion

Hill, C. J.

1. It is the duty of the trial judge to submit to the jury all the issues raised by the pleadings and the evidence. In the present case there was evidence to support the second count of the petition upon which the verdict was based, and, hence, this count was properly-submitted to the jury.

2. It was not negligence per se for a passenger to attempt to alight from a slowly moving street-ear, although he may have been an old and infirm man. Whether his act was so obviously dangerous as to prevent a recovery for an injury received in attempting to alight must be determined by the jury, from all the facts of the case. Sou. Ry. Co. v. Parham, 10 Ga. App. 531 (73 S. E. 763), and cit.

3. No error of law appears, and the evidence supports the verdict.

Judgment affirmed.

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