Georgia Court of Appeals, 1916

Syms v. Central of Georgia Railway Co.

Syms v. Central of Georgia Railway Co.
Georgia Court of Appeals · Decided January 27, 1916 · Broyles, Duhitante, Russell, Wade
17 Ga. App. 699; 87 S.E. 1091; 1916 Ga. App. LEXIS 865

Syms v. Central of Georgia Railway Co.

Opinion of the Court

Russell, C. J.

1. Where, in an action for personal injury, the case turns upon the question whether the party injured could, by the exercise of ordinary care, have avoided the injury, and the evidence does not show such conduct on his part as to amount to negligence per se, the question as to the exercise of ordinary care is for the jury. Dethrage v. City of Rome, 125 Ga. 802 (54 S. E. 654); Smith v. Smith & Kelly Co., 12 Ga. App. 19 (76 S. E. 770).

2. From the plaintiff’s testimony, it being a doubtful question as to whether he could, by the exercise of ordinary care, have avoided the alleged injuries, the case should have been submitted to the jury, and the granting of a nonsuit was therefore error. Cooper v. Raleigh & Gaston R. Co., 105 Ga. 83 (30 S. E. 731); Redding v. E. T., V. & G. R. Co., 74 Ga. 385; Central R. Co. v. Freeman, 66 Ga. 170; Steinhauser v. Savannah &c. Ry. Co., 118 Ga. 195 (44 S. E. 800); Central Ry. Co. v. Harper, 124 Ga. 836, 840 (53 S. E. 391); Hutchinson v. Greene County, 11 Ga. App. 103 (74 S. E. 53).

Judgment reversed.

Wade, •/., concurs duhitante. Broyles, J., dissents.

Dissenting Opinion

Broyles, J.,

dissenting. In my opinion, this ease is absolutely controlled by the ruling of the Supreme Court in Ludd v. Wilkins, 118 Ga. 525 (45 S. E. 429), and of this court in Central of Georgia Railway Co. v. Henderson, 6 Ga. App. 459 (65 S. E. 297), and the award of a nonsuit was proper.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.