comparative negligence doctrine in Georgia

67 Georgia opinions name it 2 courts 1907–2024 1 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.

Followed or applied (47)

Case	Followed	Cited
Bridges Farms, Inc. v. Bluegreen ga · 1997 · cited in 5 Georgia opinions naming this issue, 2004–2024 2 sentences 2024See Bridges Farms v. Blue, 267 Ga. 505 ( 480 SE2d 598 ) (1997) (“Under the comparative-negligence doctrine of this state, a plaintiff whose negligence is less than that of the defendant is not denied recovery although his damages shall be diminished by the jury in proportion to the degree of fault attributable to him.”) (citations and punctuation omitted); see also OCGA § 51-12-33 (noting that a jury must apportion fault when awarding damages). 2024See Bridges Farms v. Blue, 267 Ga. 505 ( 480 SE2d 598 ) (1997) (“Under the comparative-negligence doctrine of this state, a plaintiff whose negligence is less than that of the defendant is not denied recovery although his damages shall be diminished by the jury in proportion to the degree of fault attributable to him.”) (citations and punctuation omitted); see also OCGA § 51-12-33 (noting that a jury must apportion fault when awarding damages).	4	5
Whatley v. Henrygreen gactapp · 1941 · cited in 4 Georgia opinions naming this issue, 1965–2015 2 sentences 2015See Couch, 291 Ga. at 364-365 (1). 9 65 Ga. App. 668, 674 (6) ( 16 SE2d 214 ) (1941), and his damages were to be “diminished . . . in proportion to the degree of fault attributable to him,” Union Camp Corp. v. Helmy, 258 Ga. 263, 267 ( 367 SE2d 796 ) (1988), unless his comparative negligence equalled or exceeded that of the defendants, in which event, “the plaintiff could not recover.” Bridges Farms, 267 Ga. at 505 (citation and punctuation omitted). 2015See Couch, 291 Ga. at 364-365 (1). 9 65 Ga. App. 668, 674 (6) ( 16 SE2d 214 ) (1941), and his damages were to be “diminished . . . in proportion to the degree of fault attributable to him,” Union Camp Corp. v. Helmy, 258 Ga. 263, 267 ( 367 SE2d 796 ) (1988), unless his comparative negligence equalled or exceeded that of the defendants, in which event, “the plaintiff could not recover.” Bridges Farms, 267 Ga. at 505 (citation and punctuation omitted).	4	4
Weston v. Dun Transportation & Stringer, Inc.green gactapp · 2010 · cited in 3 Georgia opinions naming this issue, 2013–2020 2 sentences 2020See Weston v. Dun Transp., 304 Ga. App. 84, 87-89 (1) ( 695 SE2d 279 ) (2010) (explaining Georgia’s doctrine of comparative negligence). 2020See Weston v. Dun Transp., 304 Ga. App. 84, 87-89 (1) ( 695 SE2d 279 ) (2010) (explaining Georgia’s doctrine of comparative negligence).	3	3
Union Camp Corp. v. Helmygreen ga · 1988 · cited in 3 Georgia opinions naming this issue, 1997–2015 2 sentences 1997Under the comparative-negligence doctrine of this state, a plaintiff whose negligence is less than that of the defendant “is not denied recovery although his damages shall be diminished by the jury in proportion to the degree of fault attributable to him. [Cit.]” Union Camp Corp. v. Helmy, 258 Ga. 263, 267 ( 367 SE2d 796 ) (1988). 1997Under the comparative-negligence doctrine of this state, a plaintiff whose negligence is less than that of the defendant “is not denied recovery although his damages shall be diminished by the jury in proportion to the degree of fault attributable to him. [Cit.]” Union Camp Corp. v. Helmy, 258 Ga. 263, 267 ( 367 SE2d 796 ) (1988).	3	3
Lassiter v. Possgreen gactapp · 1952 · cited in 3 Georgia opinions naming this issue, 1997–2015 2 sentences 1997Georgia does not adhere to the common-law principle of contributory negligence whereby any negligence whatsoever on the part of the plaintiff bars his recovery, but “follows instead the comparative-negligence doctrine, which merely limits the amount of recovery. [Cit.]” Lassiter v. Poss, 85 Ga. App. 785, 789 (1) ( 70 SE2d 411 ) (1952). 1997Georgia does not adhere to the common-law principle of contributory negligence whereby any negligence whatsoever on the part of the plaintiff bars his recovery, but “follows instead the comparative-negligence doctrine, which merely limits the amount of recovery. [Cit.]” Lassiter v. Poss, 85 Ga. App. 785, 789 (1) ( 70 SE2d 411 ) (1952).	3	3
Rogers v. McKinleygreen gactapp · 1934 · cited in 3 Georgia opinions naming this issue, 1936–1987 2 sentences 1987City of Ocilla v. Luke, 28 Ga. App. 234 ( 110 SE 757 )." Rogers v. McKinley, 48 Ga. App. 262, 265 ( 172 SE 662 ). 1987City of Ocilla v. Luke, 28 Ga. App. 234 ( 110 SE 757 )." Rogers v. McKinley, 48 Ga. App. 262, 265 ( 172 SE 662 ).	3	3
Willis v. Jonesgreen gactapp · 1954 · cited in 3 Georgia opinions naming this issue, 1958–1990 2 sentences 1990This rule is not [an] exception to the rule [of comparative negligence], because [the doctrine of comparative negligence applies] only to cases where the concurring negligence of the plaintiff and defendant combine proximately to cause the injury.” Willis v. Jones, 89 Ga. App. 824, 825-826 ( 81 SE2d 517 ) (1954). 1990This rule is not [an] exception to the rule [of comparative negligence], because [the doctrine of comparative negligence applies] only to cases where the concurring negligence of the plaintiff and defendant combine proximately to cause the injury.” Willis v. Jones, 89 Ga. App. 824, 825-826 ( 81 SE2d 517 ) (1954).	2	3
Couch v. Red Roof Inns, Inc.green ga · 2012 · cited in 2 Georgia opinions naming this issue, 2015–2015 2 sentences 2015See Couch, 291 Ga. at 364-365 (1). 9 65 Ga. App. 668, 674 (6) ( 16 SE2d 214 ) (1941), and his damages were to be “diminished . . . in proportion to the degree of fault attributable to him,” Union Camp Corp. v. Helmy, 258 Ga. 263, 267 ( 367 SE2d 796 ) (1988), unless his comparative negligence equalled or exceeded that of the defendants, in which event, “the plaintiff could not recover.” Bridges Farms, 267 Ga. at 505 (citation and punctuation omitted). 2015See Couch, 291 Ga. at 364-365 (1).	2	2
Hook v. Harmongreen gactapp · 2012 · cited in 2 Georgia opinions naming this issue, 2015–2015 2 sentences 2015To the extent that Ridgeway or any other case that relied on Ridgeway — for instance, Hook v. Harmon, 315 Ga. App. 278, 279 ( 727 SE2d 143 ) (2012) — suggests otherwise, they are disapproved. 2015To the extent that Ridgeway or any other case that relied on Ridgeway — for instance, Hook v. Harmon, 315 Ga. App. 278, 279 ( 727 SE2d 143 ) (2012) — suggests otherwise, they are disapproved.	2	2
Fargason v. Pervisgreen gactapp · 1976 · cited in 2 Georgia opinions naming this issue, 1978–1988 2 sentences 1988Fargason v. Pervis, 138 Ga. App. 686, 687 ( 227 SE2d 464 ). [Emphasis supplied.] 148 Ga. App., supra at p. 290. 2 Third, the court in Banks found that the subsequent development of Georgia law with respect to contribution among joint tortfeasors supports the view that there is no continued viability to the Mishoe, Smith, and Wilson holding that relative fault must be considered with respect to each joint tort-feasor individually. * * * Under Georgia law, there is found what can be described as a hybrid form of the doctrines of both contributory negligence and comparative negligence. 1988Fargason v. Pervis, 138 Ga. App. 686, 687 ( 227 SE2d 464 ). [Emphasis supplied.] 148 Ga. App., supra at p. 290. 2 Third, the court in Banks found that the subsequent development of Georgia law with respect to contribution among joint tortfeasors supports the view that there is no continued viability to the Mishoe, Smith, and Wilson holding that relative fault must be considered with respect to each joint tort-feasor individually. * * * Under Georgia law, there is found what can be described as a hybrid form of the doctrines of both contributory negligence and comparative negligence.	2	2
Baggett v. Jacksongreen gactapp · 1949 · cited in 2 Georgia opinions naming this issue, 1962–1967 2 sentences 1962A like instruction was disapproved in Willis v. Jones, 89 Ga. App. 824 , supra. In the language of many cases the comparative negligence rule entitles the plaintiff to recover when "the plaintiff was less negligent than the defendant," or "the defendant was more negligent than the plaintiff," or "the defendant's negligence was of a greater degree" than the plaintiff's, e.g., Rich's, Inc. v. Townsend, 94 Ga. App. 761, 767 ( 96 SE2d 332 ); Holtsinger v. Scarbrough, 71 Ga. App. 318, 319 ( 30 SE2d 835 ); Pollard v. Heard, 53 Ga. App. 623, 626 ( 186 SE 894 ); Baggett v. Jackson, 79 Ga. App. 460, 46 1962A like instruction was disapproved in Willis v. Jones, 89 Ga. App. 824 , supra. In the language of many cases the comparative negligence rule entitles the plaintiff to recover when "the plaintiff was less negligent than the defendant," or "the defendant was more negligent than the plaintiff," or "the defendant's negligence was of a greater degree" than the plaintiff's, e.g., Rich's, Inc. v. Townsend, 94 Ga. App. 761, 767 ( 96 SE2d 332 ); Holtsinger v. Scarbrough, 71 Ga. App. 318, 319 ( 30 SE2d 835 ); Pollard v. Heard, 53 Ga. App. 623, 626 ( 186 SE 894 ); Baggett v. Jackson, 79 Ga. App. 460, 46	2	2
Zaldivar v. Prickettgreen ga · 2015 · cited in 1 Georgia opinions naming this issue, 2020–2020 2 sentences 2020We have said that these two subsections together “codify the doctrine of comparative negligence.” Zaldivar v. Prickett, 297 Ga. 589, 594 ( 774 SE2d 688 ) (2015).3 As the Court of Appeals recognized, “by its plain terms, the statute governs actions ‘for injury to person,’ without in any way distinguishing between the theories upon which those claims are premised.” Suzuki Motor, 351 Ga. App. at 198. 2020We have said that these two subsections together “codify the doctrine of comparative negligence.” Zaldivar v. Prickett, 297 Ga. 589, 594 ( 774 SE2d 688 ) (2015).3 As the Court of Appeals recognized, “by its plain terms, the statute governs actions ‘for injury to person,’ without in any way distinguishing between the theories upon which those claims are premised.” Suzuki Motor, 351 Ga. App. at 198.	1	1
Interface Group-Nevada, Inc. v. Freeman Decorating Co.green gactapp · 1996 · cited in 1 Georgia opinions naming this issue, 2007–2007 1 sentence 2007See Interface Group-Nevada, 222 Ga. App. at 45-46 (1).	1	1
Sanders v. Mooregreen gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2004–2004 2 sentences 2004Sanders v. Moore, 240 Ga. App. 730, 731 (2) ( 524 SE2d 780 ) (1999). 2004Sanders v. Moore, 240 Ga. App. 730, 731 (2) ( 524 SE2d 780 ) (1999).	1	1
Daniel v. Smithgreen gactapp · 2004 · cited in 1 Georgia opinions naming this issue, 2004–2004 2 sentences 2004Co. v. Gordon, 266 Ga. App. 666, 667 ( 598 SE2d 70 ) (2004). 12 See id.; Turner v. Walker County, 200 Ga. App. 565, 566 (1) ( 408 SE2d 818 ) (1991). 13 (Punctuation omitted.) Id. 14 See Bridges Farms v. Blue, 267 Ga. 505 ( 480 SE2d 598 ) (1997) (“Under the comparative-negligence doctrine of this state,... ‘where the negligence of the plaintiff and the defendant are equal, or the negligence of the plaintiff is more than that of the defendant, the plaintiff could not recover.’ ”) (citation omitted); Daniel v. Smith, 266 Ga. App. 637, 641-642 (4) ( 597 SE2d 432 ) (2004) (“ ‘As a matter of contrib 2004Co. v. Gordon, 266 Ga. App. 666, 667 ( 598 SE2d 70 ) (2004). 12 See id.; Turner v. Walker County, 200 Ga. App. 565, 566 (1) ( 408 SE2d 818 ) (1991). 13 (Punctuation omitted.) Id. 14 See Bridges Farms v. Blue, 267 Ga. 505 ( 480 SE2d 598 ) (1997) (“Under the comparative-negligence doctrine of this state,... ‘where the negligence of the plaintiff and the defendant are equal, or the negligence of the plaintiff is more than that of the defendant, the plaintiff could not recover.’ ”) (citation omitted); Daniel v. Smith, 266 Ga. App. 637, 641-642 (4) ( 597 SE2d 432 ) (2004) (“ ‘As a matter of contrib	1	1
Atlanta Casualty Co. v. Gordongreen gactapp · 2004 · cited in 1 Georgia opinions naming this issue, 2004–2004 2 sentences 2004Co. v. Gordon, 266 Ga. App. 666, 667 ( 598 SE2d 70 ) (2004). 12 See id.; Turner v. Walker County, 200 Ga. App. 565, 566 (1) ( 408 SE2d 818 ) (1991). 13 (Punctuation omitted.) Id. 14 See Bridges Farms v. Blue, 267 Ga. 505 ( 480 SE2d 598 ) (1997) (“Under the comparative-negligence doctrine of this state,... ‘where the negligence of the plaintiff and the defendant are equal, or the negligence of the plaintiff is more than that of the defendant, the plaintiff could not recover.’ ”) (citation omitted); Daniel v. Smith, 266 Ga. App. 637, 641-642 (4) ( 597 SE2d 432 ) (2004) (“ ‘As a matter of contrib 2004Co. v. Gordon, 266 Ga. App. 666, 667 ( 598 SE2d 70 ) (2004). 12 See id.; Turner v. Walker County, 200 Ga. App. 565, 566 (1) ( 408 SE2d 818 ) (1991). 13 (Punctuation omitted.) Id. 14 See Bridges Farms v. Blue, 267 Ga. 505 ( 480 SE2d 598 ) (1997) (“Under the comparative-negligence doctrine of this state,... ‘where the negligence of the plaintiff and the defendant are equal, or the negligence of the plaintiff is more than that of the defendant, the plaintiff could not recover.’ ”) (citation omitted); Daniel v. Smith, 266 Ga. App. 637, 641-642 (4) ( 597 SE2d 432 ) (2004) (“ ‘As a matter of contrib	1	1
Turner v. Walker Countygreen gactapp · 1991 · cited in 1 Georgia opinions naming this issue, 2004–2004 2 sentences 2004Co. v. Gordon, 266 Ga. App. 666, 667 ( 598 SE2d 70 ) (2004). 12 See id.; Turner v. Walker County, 200 Ga. App. 565, 566 (1) ( 408 SE2d 818 ) (1991). 13 (Punctuation omitted.) Id. 14 See Bridges Farms v. Blue, 267 Ga. 505 ( 480 SE2d 598 ) (1997) (“Under the comparative-negligence doctrine of this state,... ‘where the negligence of the plaintiff and the defendant are equal, or the negligence of the plaintiff is more than that of the defendant, the plaintiff could not recover.’ ”) (citation omitted); Daniel v. Smith, 266 Ga. App. 637, 641-642 (4) ( 597 SE2d 432 ) (2004) (“ ‘As a matter of contrib 2004Co. v. Gordon, 266 Ga. App. 666, 667 ( 598 SE2d 70 ) (2004). 12 See id.; Turner v. Walker County, 200 Ga. App. 565, 566 (1) ( 408 SE2d 818 ) (1991). 13 (Punctuation omitted.) Id. 14 See Bridges Farms v. Blue, 267 Ga. 505 ( 480 SE2d 598 ) (1997) (“Under the comparative-negligence doctrine of this state,... ‘where the negligence of the plaintiff and the defendant are equal, or the negligence of the plaintiff is more than that of the defendant, the plaintiff could not recover.’ ”) (citation omitted); Daniel v. Smith, 266 Ga. App. 637, 641-642 (4) ( 597 SE2d 432 ) (2004) (“ ‘As a matter of contrib	1	1
Powell v. Alan Young Homes, Inc.green gactapp · 2001 · cited in 1 Georgia opinions naming this issue, 2004–2004 2 sentences 2004However, in all other cases, Georgia law’s comparative-negligence rule is that if the plaintiff s negligence was less than the defendant’s, the plaintiff is not denied recovery although his damages shall be diminished by the jury in proportion to the degree of fault attributable to him.’ ”). 15 See Powell v. Alan Young Homes, 251 Ga. App. 72, 76 (2) ( 554 SE2d 186 ) (2001) (trial court did not err in submitting issues of decedent’s comparative and contributory negligence to jury in wrongful death case); North Ga. Elec. 2004However, in all other cases, Georgia law’s comparative-negligence rule is that if the plaintiff s negligence was less than the defendant’s, the plaintiff is not denied recovery although his damages shall be diminished by the jury in proportion to the degree of fault attributable to him.’ ”). 15 See Powell v. Alan Young Homes, 251 Ga. App. 72, 76 (2) ( 554 SE2d 186 ) (2001) (trial court did not err in submitting issues of decedent’s comparative and contributory negligence to jury in wrongful death case); North Ga. Elec.	1	1
Smith v. Central Railroad & Banking Co.green · 1889 · cited in 1 Georgia opinions naming this issue, 1997–1997 1 sentence 1997Co. v. *118 Luckie, 87 Ga. 6, 7 ( 13 SE 105 ) (1891) (which form of contributory negligence applies only where the comparative negligence doctrine is applicable); see also Southland Butane Gas Co. v. Blackwell, supra at 669-670; Smith v. Central R. & Banking Co., 82 Ga. 801, 804 ( 10 SE 111 ) (1889).	1	1
Americus, Preston & Lumpkin Railroad v. Luckiegreen ga · 1891 · cited in 1 Georgia opinions naming this issue, 1997–1997 2 sentences 1997Co. v. 118 Luckie, 87 Ga. 6, 7 ( 13 SE 105 ) (1891) (which form of contributory negligence applies only where the comparative negligence doctrine is applicable); see also Southland Butane Gas Co. v. Blackwell, supra at 669-670; Smith v. Central R. & Banking Co., 82 Ga. 801, 804 ( 10 SE 111 ) (1889). 1997Co. v. 118 Luckie, 87 Ga. 6, 7 ( 13 SE 105 ) (1891) (which form of contributory negligence applies only where the comparative negligence doctrine is applicable); see also Southland Butane Gas Co. v. Blackwell, supra at 669-670; Smith v. Central R. & Banking Co., 82 Ga. 801, 804 ( 10 SE 111 ) (1889).	1	1
McDowall Transport Inc. v. Gaultgreen gactapp · 1949 · cited in 1 Georgia opinions naming this issue, 1997–1997 2 sentences 1997“However, where the negligence of the plaintiff and the defendant are equal, or the negligence of the plaintiff is more than that of the defendant, the plaintiff could not recover.” McDowall Transport v. Gault, 80 Ga. App. 445, 447 ( 56 SE2d 161 ) (1949). 1997“However, where the negligence of the plaintiff and the defendant are equal, or the negligence of the plaintiff is more than that of the defendant, the plaintiff could not recover.” McDowall Transport v. Gault, 80 Ga. App. 445, 447 ( 56 SE2d 161 ) (1949).	1	1
Richardson v. Cokergreen gactapp · 1948 · cited in 1 Georgia opinions naming this issue, 1996–1996 2 sentences 1996See id. at 213 . 1996We do not know what effect the charge had upon their application of the doctrine, if they applied it.” Id.	1	1
Brown v. Meiklehamgreen gactapp · 1925 · cited in 1 Georgia opinions naming this issue, 1994–1994	1	1
Underwood v. Atlanta & West Point Railroadgreen gactapp · 1962 · cited in 1 Georgia opinions naming this issue, 1994–1994	1	1
Jordan v. Ellisgreen gactapp · 1978 · cited in 1 Georgia opinions naming this issue, 1993–1993	1	1
DOCTORS HOSPITAL OF AUGUSTA, INC. v. Poolegreen gactapp · 1977 · cited in 1 Georgia opinions naming this issue, 1988–1988	1	1
Battle v. Strothergreen gactapp · 1984 · cited in 1 Georgia opinions naming this issue, 1987–1987	1	1
Massey v. Stephensgreen gactapp · 1966 · cited in 1 Georgia opinions naming this issue, 1987–1987	1	1
Hester v. Bakergreen gactapp · 1986 · cited in 1 Georgia opinions naming this issue, 1987–1987	1	1
Georgia Power Co. v. Maxwellgreen gactapp · 1936 · cited in 1 Georgia opinions naming this issue, 1986–1986	1	1
Jackson v. Matlockgreen gactapp · 1953 · cited in 1 Georgia opinions naming this issue, 1978–1978	1	1
Parrott v. Fletchergreen gactapp · 1966 · cited in 1 Georgia opinions naming this issue, 1976–1976	1	1
Powers v. Pategreen gactapp · 1962 · cited in 1 Georgia opinions naming this issue, 1976–1976	1	1
Davis v. Hammockgreen gactapp · 1970 · cited in 1 Georgia opinions naming this issue, 1976–1976	1	1
Malcom v. Malcolmgreen gactapp · 1965 · cited in 1 Georgia opinions naming this issue, 1975–1975	1	1
Ethridge v. Nicholsongreen gactapp · 1950 · cited in 1 Georgia opinions naming this issue, 1975–1975	1	1
Fields v. Jacksongreen gactapp · 1960 · cited in 1 Georgia opinions naming this issue, 1972–1972	1	1
Hill v. Callahangreen · 1889 · cited in 1 Georgia opinions naming this issue, 1968–1968	1	1
Beadles v. Bowengreen gactapp · 1962 · cited in 1 Georgia opinions naming this issue, 1966–1966	1	1
Donohue v. Jettegreen conn · 1927 · cited in 1 Georgia opinions naming this issue, 1964–1964	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (33)

Case	Cited	Years
Robinson v. Kroger Co. neutral gactapp · 1996 2 sentences 1997Unfortunately, Robinson v. Kroger Co., 222 Ga.App. 711 , 476 S.E.2d 29 (1996), is but the logical progression of such method of analysis. 1997Unfortunately, Robinson v. Kroger Co., 222 Ga.App. 711 , 476 S.E.2d 29 (1996), is but the logical progression of such method of analysis.	2	1997–1997
McDonald v. Vaughan neutral gactapp · 1967 2 sentences 1988In McDonald v. Vaughan, 115 Ga. App. 544 ( 154 SE2d 871 ) (1967), where the total special damages were $2,900 and plaintiff only recovered $1,300, plaintiff argued that, to authorize the verdict in her favor could only denote a finding that defendant's negligence exceeded her own and, under the comparative negligence rule, her damages could not be reduced to less than 51 percent. 1988In McDonald v. Vaughan, 115 Ga. App. 544 ( 154 SE2d 871 ) (1967), where the total special damages were $2,900 and plaintiff only recovered $1,300, plaintiff argued that, to authorize the verdict in her favor could only denote a finding that defendant's negligence exceeded her own and, under the comparative negligence rule, her damages could not be reduced to less than 51 percent.	2	1976–1988
City of Ocilla v. Luke neutral gactapp · 1922 2 sentences 1987City of Ocilla v. Luke, 28 Ga. App. 234 ( 110 SE 757 )." Rogers v. McKinley, 48 Ga. App. 262, 265 ( 172 SE 662 ). 1987City of Ocilla v. Luke, 28 Ga. App. 234 ( 110 SE 757 )." Rogers v. McKinley, 48 Ga. App. 262, 265 ( 172 SE 662 ).	2	1934–1987
Stukes v. Trowell green gactapp · 1969 2 sentences 1975Stukes v. Trowell, 119 Ga. App. 651 ( 168 SE2d 616 ); Wakefield v. A. R. 1975Stukes v. Trowell, 119 Ga. App. 651 ( 168 SE2d 616 ); Wakefield v. A. R.	2	1974–1975
Neal-Millard Co. v. Owens neutral ga · 1903 2 sentences 1907In reaching our conclusion that the exception to the charge in the present case was not well taken, we have not overlooked the ease of Atlanta Railway & Power Co. v. Gaston, 118 Ga. 418 ( 45 S. E. 508 ), where the court charged on the doctrine of comparative negligence, and also that “the defendant might relieve itself of the statutory presumption by showing that its agents exercised .all proper care and diligence to avoid the injury; or that the damage was caused by the negligence of the plaintiff; or that the plaintiff could have, by the exercise of ordinary care, avoided the injury caused b 1907In reaching our conclusion that the exception to the charge in the present case was not well taken, we have not overlooked the ease of Atlanta Railway & Power Co. v. Gaston, 118 Ga. 418 ( 45 S. E. 508 ), where the court charged on the doctrine of comparative negligence, and also that “the defendant might relieve itself of the statutory presumption by showing that its agents exercised .all proper care and diligence to avoid the injury; or that the damage was caused by the negligence of the plaintiff; or that the plaintiff could have, by the exercise of ordinary care, avoided the injury caused b	2	1907–1907
Atlanta Railway & Power Co. v. Gaston neutral ga · 1903 2 sentences 1907In reaching our conclusion that the exception to the charge in the present case was not well taken, we have not overlooked the ease of Atlanta Railway & Power Co. v. Gaston, 118 Ga. 418 ( 45 S. E. 508 ), where the court charged on the doctrine of comparative negligence, and also that “the defendant might relieve itself of the statutory presumption by showing that its agents exercised .all proper care and diligence to avoid the injury; or that the damage was caused by the negligence of the plaintiff; or that the plaintiff could have, by the exercise of ordinary care, avoided the injury caused b 1907In reaching our conclusion that the exception to the charge in the present case was not well taken, we have not overlooked the ease of Atlanta Railway & Power Co. v. Gaston, 118 Ga. 418 ( 45 S. E. 508 ), where the court charged on the doctrine of comparative negligence, and also that “the defendant might relieve itself of the statutory presumption by showing that its agents exercised .all proper care and diligence to avoid the injury; or that the damage was caused by the negligence of the plaintiff; or that the plaintiff could have, by the exercise of ordinary care, avoided the injury caused b	2	1907–1907
Garrett v. NationsBank, NA (South) green gactapp · 1997 1 sentence 2010Garrett v. NationsBank, 228 Ga. App. at 118 .	1	2010–2010
Georgia Railroad & Banking Co. v. Moon green ga · 1887 1 sentence 1997Co. v. *118 Luckie, 87 Ga. 6, 7 ( 13 SE 105 ) (1891) (which form of contributory negligence applies only where the comparative negligence doctrine is applicable); see also Southland Butane Gas Co. v. Blackwell, supra at 669-670; Smith v. Central R. & Banking Co., 82 Ga. 801, 804 ( 10 SE 111 ) (1889).	1	1997–1997
Hammond v. State neutral gactapp · 1925	1	1994–1994
Atlanta & West Point Railroad v. Underwood green ga · 1962	1	1994–1994
McMullen v. Vaughan green gactapp · 1976	1	1990–1990
Elsberry v. Lewis green gactapp · 1976	1	1987–1987
Maloy v. Dixon green gactapp · 1972	1	1978–1978
Western & Atlantic Railroad v. Dalton neutral gactapp · 1960	1	1978–1978
Cox v. Peoples Finance Service of Albany, Inc. neutral gactapp · 1960	1	1978–1978
Harmon v. Southwell green gactapp · 1958	1	1978–1978
Crafton v. Livingston green gactapp · 1966	1	1972–1972
Hirsch v. Chapman green gactapp · 1964	1	1972–1972
Weightsville & Tennille Railroad v. Gornto neutral ga · 1907	1	1969–1969
Yandle v. Alexander green gactapp · 1967	1	1967–1967
Southern Express Co. v. Hughes neutral gactapp · 1919	1	1966–1966
Gleason v. Rhodes Center Pharmacy, Inc. green gactapp · 1956	1	1966–1966
Shaker v. Shaker green conn · 1942	1	1964–1964
Southern Railway Co. v. Daniell green gactapp · 1960	1	1964–1964
Atlanta Chemical Co. v. Hardin Bag & Burlap Co. green gactapp · 1934	1	1960–1960
Smeltzer v. Atlanta Coach Co. green gactapp · 1934	1	1960–1960
Wilson v. Southern Railway green · 1906	1	1958–1958
Wiese v. Polzer green wis · 1933	1	1952–1952
McIntyre v. Pope green pa · 1937	1	1952–1952
Hall ex rel. Hall v. McClure green kan · 1923	1	1940–1940
Travers v. Macon Railway & Light Co. green gactapp · 1916	1	1934–1934
Central Railroad v. Harris green ga · 1886	1	1931–1931
Morris v. Warlick green ga · 1903	1	1931–1931

Statutes the citing opinions construe

GA § 51-12-33 (7) GA § 51-11-7 (6) GA § 9-11-56 (4) GA § 51-1-11 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

FL 116 (1918–2024) IL 100 (1869–2021) MI 86 (1898–2025) CA 74 (1917–2026) GA 67 (1907–2024) MS 44 (1939–2024) LA 43 (1932–2022) NY 40 (1908–2026) NM 37 (1952–2012) OH 37 (1931–2025) WV 35 (1931–2024) CT 33 (1979–2017) NJ 28 (1960–2020) PA 24 (1947–2025) CO 22 (1973–2017) NE 21 (1934–1998) KY 21 (1938–2022) SC 17 (1991–2023) TX 17 (1946–2023) IA 16 (1980–2016) AK 16 (1975–2008) KS 13 (1883–1995) MO 12 (1888–2007) WI 11 (1957–2011) NV 9 (1992–2022) WA 9 (1904–2018) TN 9 (1971–2001) ME 9 (1968–2017) AL 9 (1989–2017) ND 8 (1974–2012) MT 8 (1948–2025) MD 7 (1982–2016) AZ 7 (1956–2010) VA 7 (1930–2003) WY 6 (1979–2002) MN 6 (1959–1989) DE 6 (1991–2021) DC 5 (1982–2011) HI 5 (1968–2006) ID 5 (1990–2017) OK 5 (1989–2012) AR 4 (1925–1988) MA 4 (1998–2010) NC 4 (1968–2012) VT 3 (1977–2006) OR 3 (1970–2006) IN 3 (1974–1999) SD 2 (1934–1983) VI 2 (2014–2017) UT 2 (1983–1995) NH 2 (1997–2001)

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.

← Caselaw search · G Cite Topics · Brief Check