186 Ga. App. 595 - Newman v. Collins’s Empirical Analysis
1988
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently April 2010
14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Western & Atlantic Railroad v. Ferguson · 150 Ga. App. 154 - Church's Fried Chicken, Inc. v. Lewis · 77 Ga. App. 463 - Smith v. American Oil Company · 155 Ga. App. 343 - Firestone Tire & Rubber Co. v. Pinyan · 8 Ga. App. 775 - Atlantic Coast Line Railroad v. Daniels
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“" Taylor v. Morgan, 54 Ga.App. 426 , 188 S.E. 44 (1936), and other cases, appear to blend or merge the two concepts of avoidance and assumption of the risk when they are separate and distinct. Assumption of risk in its simplest and primary sense means that the plaintiff has given [her] express consent to relieve the defendant of an obligation of conduct toward [her] and to take [her] chance of injury from a known risk. Owens-III. v. Bryson, 138 Ga.App. 78, 79 , 225 S.E.2d 475 (1976). Also, plaintiff with knowledge of the risk may be regarded as tacitly or impliedly agreeing to take [her] own chances. Id. at p. 79 [ 225 S.E.2d 475 ]. In working out the distinction, the courts have arrived at the conclusion that assumption of risk is a matter of knowledge of the danger and intelligent acquiescence in it. Roberts v. King, [ 102 Ga.App. 518, 521 (1), 116 S.E.2d 885 (1960) ]. The doctrine of avoidable consequences does not rest upon the idea that defendant is relieved of any duty toward plaintiff, but denies recovery for any damages which could have been discovered by plaintiff or might have been avoided by reasonable conduct on plaintiff's part. Osburn v. Pilgrim, 246 Ga. 688 , 695 , 273 S.E.2d 118 (1980). Avoidance of the consequences involves the failure to take action to overcome defendant's negligence after it is discovered by plaintiff's exercise of ordinary care. Lanier v. Turner, 73 Ga.App. 749, 753 , 38 S.E.2d 55 (1946). The rule which requires one to avoid the consequenc”
1 later decision quote this exact passage“The doctrine of `avoidable consequences' does not rest upon the idea that defendant is relieved of any duty toward plaintiff, but denies recovery for any damages which could have been avoided by reasonable conduct on plaintiff's part. Osburn v. Pilgrim, 246 Ga. 688, 695 , 273 S.E.2d 118 (1980). Avoidance of the consequences [OCGA § 51-11-7] involves the failure to take action to overcome defendant's negligence after it is actually discovered by plaintiff or might have been discovered by plaintiff's exercise of ordinary care. Lanier v. Turner, 73 Ga.App. 749, 753 , 38 S.E.2d 55 (1946).”
1 later decision quote this exact passage“Testing a known peril acts as a transition between the concepts of avoidance and assumption of the risk. `One who recklessly tests an observed and clearly obvious peril is guilty of lack of ordinary care,' Brooks v. Douglas, 154 Ga.App. 54, 58 (2), 267 S.E.2d 495 (1980) (two judges only), and is guilty of such negligence 'which will be deemed the proximate cause of [the] resulting injury, and, in the absence of wilful or wanton misconduct by the defendant, will preclude recovery.' Laseter v. Clark, 54 Ga.App. 669, 670 (1), 189 S.E. 265 (1936).”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.