Moone v. Smith, 67 S.E. 836 (Ga. Ct. App. 1910). · Go Syfert
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Moone v. Smith, 67 S.E. 836 (Ga. Ct. App. 1910). Cases Citing This Book View Copy Cite
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Moone
v.
Smith
2430.
Court of Appeals of Georgia.
Apr 19, 1910.
Published opinion
67 S.E. 836
1910 Ga. App. LEXIS 456
A. H. Davis, for plaintiff. James L. Key, for defendant.
Powell.
Cited by 2 opinions  |  Published
Powell, J.

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

2. 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).

Judgment reversed.