Moone v. Smith

Court of Appeals of Georgia

Decided April 19, 1910

Court of Appeals of Georgia · decided 1910-04-19

<p>Action for damages; from city court of Atlanta — Judge Calhoun. November 18, 1910.</p>

Relies on 6 Ga. App. 649 - Moone v. Smith · Norris v. Litchfield

Good law ✅— No negative treatment on recordhow we know

Decided 1910-04-19

How this case has been cited

Cited by 12 later decisions — most recently June 1996

12 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.

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Powell, J.

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

¶22. 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).

¶3 Judgment reversed.