Sheppard v. Sheppard

Court of Appeals of Georgia

Decided October 10, 1966

Court of Appeals of Georgia · decided 1966-10-10

Cited by 2 later decisions — most recently October 1979

2 state decisions

Relies on Everett v. Clegg · Atlantic Coast Line Railroad v. Jones · 91 Ga. App. 83 - Bush v. Skelton

Good law ✅— No negative treatment on recordhow we know

Decided 1966-10-10

View the full empirical analysis of this case →

Hall, Judge.

¶1 The evidence in this negligence action shows that the injuries of the plaintiff were due to the negligence of the defendant, or to the plaintiff’s own negligence, or to both.

¶2 The trial court erred in overruling the plaintiff’s motion for new trial on the ground that the court charged the jury principles of law relating to unavoidable accident. Atlantic C. L. R. Co. v. Jones, 132 Ga. 189, 196 (63 SE 834); Everett v. Clegg, 213 Ga. 168 (97 SE2d 689); Toles v. Hair, 83 Ga. App. 144 (63 SE2d 3); accord Bush v. Skelton, 91 Ga. App. 83, 85 (84 SE2d 835).

¶3 Judgment reversed.

Nichols, P. J., and Deen, J., concur. *452 McCamy, Minor, Vining & Phillips, Joseph T. Tuggle, Jr., for appellant. Mitchell & Mitchell, D. W. Mitchell, Jr., for appellee.