11 Georgia opinions name it 2 courts 1883–2009 0 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Osburn v. Pilgrimgreen2 sentences2009“Closely allied to the doctrine of contributory negligence is the rule of ‘avoidable consequences,’ which denies recovery for any damages which could have been avoided by reasonable conduct on the part of the plaintiff.” (Citation and punctuation omitted.) Osburn v. Pilgrim, 246 Ga. 688, 695 ( 273 SE2d 118 ) (1980). 2009“Closely allied to the doctrine of contributory negligence is the rule of ‘avoidable consequences,’ which denies recovery for any damages which could have been avoided by reasonable conduct on the part of the plaintiff.” (Citation and punctuation omitted.) Osburn v. Pilgrim, 246 Ga. 688, 695 ( 273 SE2d 118 ) (1980). | 1 | 1 |
Burnsed v. City of Albanygreen2 sentences1996Burnsed v. City of Albany, 184 Ga. App. 297, 300 ( 361 SE2d 275 ). “ ‘Closely allied to the doctrine of contributory negligence is the rule of “avoidable consequences,” which denies recovery for any damages which could have been avoided by reasonable conduct on the part of the plaintiff. 1996Burnsed v. City of Albany, 184 Ga. App. 297, 300 ( 361 SE2d 275 ). “ ‘Closely allied to the doctrine of contributory negligence is the rule of “avoidable consequences,” which denies recovery for any damages which could have been avoided by reasonable conduct on the part of the plaintiff. | 1 | 1 |
Wright v. the Concrete Companygreen2 sentences1993Wright v. The Concrete Co., 107 Ga. App. 190, 198 ( 129 SE2d 351 ) (1962). 1993Wright v. The Concrete Co., 107 Ga. App. 190, 198 ( 129 SE2d 351 ) (1962). | 1 | 1 |
Crim v. Granthamgreen2 sentences1978See Crim v. Grantham, 139 Ga. App. 680 ( 229 SE2d 150 ) (1976). 1978See Crim v. Grantham, 139 Ga. App. 680 ( 229 SE2d 150 ) (1976). | 1 | 1 |
Donohue v. Jettegreen1 sentence1964Accord, Donohue v. Jette, 106 Conn. 231 (137 A 724); Shaker v. Shaker, 129 Conn. 518 ( 29 A2d 765 ); Darman v. Zilch, 56 R. | 1 | 1 |
Rogers v. McKinleygreen2 sentences1936That is what we. call contributory negligence.” It was said by this court, in Rogers v. McKinley, 48 Ga. App. 262, 265 ( 172 S. E. 662 ) : “Hnder the common-law doctrine of contributory negligence, which now prevails in most jurisdictions but which has been changed by statute in this State (Civil Code of 1910, §§ 2781, 4426 [Code of 1933, §§ 94-703, 105-603]), if the negligence of the plaintiff, no matter how small, contributed to the injury sustained by her, she could not recover of the defendant. 1936That is what we. call contributory negligence.” It was said by this court, in Rogers v. McKinley, 48 Ga. App. 262, 265 ( 172 S. E. 662 ) : “Hnder the common-law doctrine of contributory negligence, which now prevails in most jurisdictions but which has been changed by statute in this State (Civil Code of 1910, §§ 2781, 4426 [Code of 1933, §§ 94-703, 105-603]), if the negligence of the plaintiff, no matter how small, contributed to the injury sustained by her, she could not recover of the defendant. | 1 | 1 |
Southern Railway Co. v. Disekergreen1 sentence1915As was said in Southern Railway Co. v. Diseker, 13 Ga. App. 799, 816 ( 81 S. E. 269 ), “There are two principles of law in which knowledge of danger is a salient feature: (1) The doctrine of contributory negligence, which forbids a recovery where the plaintiff knows or should know of the danger and fails to use reasonable care to avoid it, and (2) the maxim embodied in substance in section 2322 of the Civil Code of 1895 (Code of 1910, § 2781) — volenti non fit injuria — which requires the plaintiff to refrain from exposing himself to a known danger, and thus consenting to his own injury. . . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Seaboard Coast Line Railroad v. Daugherty
green
1 sentence1996In Daugherty , a case involving the Federal Employer’s Liability Act (“FELA”), this Court held that “the last clear chance rule is obsolete except insofar as it defines one variety of negligence and is merged into the rule for apportioning damages. [Cit.] ‘The doctrine of contributory negligence and the rule of last clear chance are involved in, and vanish as such into, the principle of comparative negligence and apportionment of damages.’ [Cit.]” Id. | 1 | 1996–1996 |
Beringause v. Fogleman Truck Lines, Inc.
green
1 sentence1993Id. at 824 . | 1 | 1993–1993 |
Edwards v. Trammell
green
2 sentences1988The present legal status of the doctrine of contributory negligence is that of "defensive concept." See Edwards v. Trammell, 187 Ga. App. 22 ( 369 SE2d 288 ) (1988). 1988The present legal status of the doctrine of contributory negligence is that of "defensive concept." See Edwards v. Trammell, 187 Ga. App. 22 ( 369 SE2d 288 ) (1988). | 1 | 1988–1988 |
Shaker v. Shaker
green
2 sentences1964Accord, Donohue v. Jette, 106 Conn. 231 (137 A 724); Shaker v. Shaker, 129 Conn. 518 ( 29 A2d 765 ); Darman v. Zilch, 56 R. 1964Accord, Donohue v. Jette, 106 Conn. 231 (137 A 724); Shaker v. Shaker, 129 Conn. 518 ( 29 A2d 765 ); Darman v. Zilch, 56 R. | 1 | 1964–1964 |
Atlanta & West Point Railroad v. Webb
neutral
1 sentence1883The court, therefore, we think, erred in the addendum, “ and was an agent of the company,” unless he had added thereto the legal principle-referred to in the request itself, “and this, if you believe he used the free ticket in evidence on that occasion, he is concluded thereby from denying.” But it is insisted here, on the authority of 51 Ga., 213 , and 61 Ga., 586, 590 , that the doctrine of contributory negligence does not apply here so as to defeat the plaintiff’s recovery, even if he was an agent and employé of the company, because he was not an employé in the matter of running the trains, | 1 | 1883–1883 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.