Georgia Court of Appeals, 1937

Jackson v. Smith

Georgia Court of Appeals · Decided December 1, 1937 · MacIntyre

56 Ga. App. 763; 194 S.E. 41; 1937 Ga. App. LEXIS 228

Cases that cite this one

2 later published cases cite this decision.

Garrett v. Royal Brothers Co. (Ga. 1969)
Upshaw v. Upshaw (Ga. Ct. App. 1939)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MacIntyre, J.

1. In an action brought to recover damages for personal injuries resulting from the plaintiff’s being struck by an automobile driven by the defendant, the measure of the defendant’s conduct was ordinary care; and, since the verdict for the plaintiff was not demanded *764by the evidence, the following charge of the court was reversible error: “Extraordinary care . . is that extreme care and caution which very prudent and thoughtful men would exercise under the same or similar circumstances. With this definition, it becomes a question of fact for determination by the jury as to whether such degree of care was exercised or not, in so far as the particulars charged in the petition . . are concerned.” Brown Store Co. v. Chattahoochee Lumber Co., 121 Ga. 809 (6) (49 S. E. 839).

Decided December 1, 1937. J. L. Smith, for plaintiff in error. Willis Smith, contra.

2. The remaining special grounds of the motion for new trial disclose no reversible error; and the general grounds are not for discussion at this time. Judgment reversed.

Broyles, C. J., and Guerry, J., concur.

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