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6 Georgia opinions name it 2 courts 1961–2015 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 |
|---|---|---|
Atlanta & West Point Railroad v. Underwoodgreen2 sentences2015Co. v. Underwood, 218 Ga. 193, 195 (1) ( 126 SE2d 785 ) (1962) (“The court in determining whether the violation of a statutory requirement is negligence per se as to the person complaining thereof upon which a cause of action will rest, will look to the particular statute in respect to its purposes, that is, the evils it was intended to guard against and the persons it was intended to protect.” (punctuation omitted)). 2015Co. v. Underwood, 218 Ga. 193, 195 (1) ( 126 SE2d 785 ) (1962) (“The court in determining whether the violation of a statutory requirement is negligence per se as to the person complaining thereof upon which a cause of action will rest, will look to the particular statute in respect to its purposes, that is, the evils it was intended to guard against and the persons it was intended to protect.” (punctuation omitted)). | 2 | 2 |
Huckabee v. Gracegreen2 sentences1962Therefore, we must conclude that the railroad does fall within that class for whose benefit the statute was enacted, *195 and that the Court of Appeals erred in applying the rule relied on by the plaintiff which is well stated in Huckabee v. Grace, 48 Ga. App. 621, 632 ( 173 SE 744 ), as follows: “The court in determining whether the violation of a statutory requirement is negligence per se as to the person complaining thereof upon which a cause of action will rest, will look to the particular statute in respect to its purposes, that is, the evils it was intended to guard against and the perso 1962Therefore, we must conclude that the railroad does fall within that class for whose benefit the statute was enacted, *195 and that the Court of Appeals erred in applying the rule relied on by the plaintiff which is well stated in Huckabee v. Grace, 48 Ga. App. 621, 632 ( 173 SE 744 ), as follows: “The court in determining whether the violation of a statutory requirement is negligence per se as to the person complaining thereof upon which a cause of action will rest, will look to the particular statute in respect to its purposes, that is, the evils it was intended to guard against and the perso | 2 | 2 |
Central Anesthesia Associates P. C. v. Worthygreen2 sentences2015See Central Anesthesia Associates, P.C. v. Worthy, 254 Ga. 728, 732 (2) ( 333 SE2d 829 ) (1985) (holding that statute requiring that certified nurse anesthetists operate under the direction and responsibility of licensed physicians trained and experienced in anesthesia when administering anesthesia was designed to protect against the improper administration of anesthesia causing medical complications); Central Anesthesia Associates, P.C. v. Worthy, 173 Ga. App. 150, 153 ( 325 SE2d 819 ) (1984) (holding that statute requiring that certified nurse anesthetists operate under the direction and res 2015See Central Anesthesia Associates, P.C. v. Worthy, 254 Ga. 728, 732 (2) ( 333 SE2d 829 ) (1985) (holding that statute requiring that certified nurse anesthetists operate under the direction and responsibility of licensed physicians trained and experienced in anesthesia when administering anesthesia was designed to protect against the improper administration of anesthesia causing medical complications); Central Anesthesia Associates, P.C. v. Worthy, 173 Ga. App. 150, 153 ( 325 SE2d 819 ) (1984) (holding that statute requiring that certified nurse anesthetists operate under the direction and res | 1 | 1 |
Groover v. Johnstongreen2 sentences2015See Central Anesthesia Associates, P.C. v. Worthy, 254 Ga. 728, 732 (2) ( 333 SE2d 829 ) (1985) (holding that statute requiring that certified nurse anesthetists operate under the direction and responsibility of licensed physicians trained and experienced in anesthesia when administering anesthesia was designed to protect against the improper administration of anesthesia causing medical complications); Central Anesthesia Associates, P.C. v. Worthy, 173 Ga. App. 150, 153 ( 325 SE2d 819 ) (1984) (holding that statute requiring that certified nurse anesthetists operate under the direction and res 2015See Central Anesthesia Associates, P.C. v. Worthy, 254 Ga. 728, 732 (2) ( 333 SE2d 829 ) (1985) (holding that statute requiring that certified nurse anesthetists operate under the direction and responsibility of licensed physicians trained and experienced in anesthesia when administering anesthesia was designed to protect against the improper administration of anesthesia causing medical complications); Central Anesthesia Associates, P.C. v. Worthy, 173 Ga. App. 150, 153 ( 325 SE2d 819 ) (1984) (holding that statute requiring that certified nurse anesthetists operate under the direction and res | 1 | 1 |
Central Anesthesia Associates, P.C. v. Worthygreen2 sentences2015See Central Anesthesia Associates, P.C. v. Worthy, 254 Ga. 728, 732 (2) ( 333 SE2d 829 ) (1985) (holding that statute requiring that certified nurse anesthetists operate under the direction and responsibility of licensed physicians trained and experienced in anesthesia when administering anesthesia was designed to protect against the improper administration of anesthesia causing medical complications); Central Anesthesia Associates, P.C. v. Worthy, 173 Ga. App. 150, 153 ( 325 SE2d 819 ) (1984) (holding that statute requiring that certified nurse anesthetists operate under the direction and res 2015See Central Anesthesia Associates, P.C. v. Worthy, 254 Ga. 728, 732 (2) ( 333 SE2d 829 ) (1985) (holding that statute requiring that certified nurse anesthetists operate under the direction and responsibility of licensed physicians trained and experienced in anesthesia when administering anesthesia was designed to protect against the improper administration of anesthesia causing medical complications); Central Anesthesia Associates, P.C. v. Worthy, 173 Ga. App. 150, 153 ( 325 SE2d 819 ) (1984) (holding that statute requiring that certified nurse anesthetists operate under the direction and res | 1 | 1 |
Jones v. Dixie Drive It Yourself System, Atlanta Co.green2 sentences1987However, even assuming appellant violated OCGA § 40-5-122, this violation does not entitle appellee to recover. “ ‘(a) Actionable *244 negligence consists in a violation of some duty owed to another person; (b) in order for the violation of some statutory duty to be negligence per se, the person claiming it as such must be within the class for whose benefit the statute was passed; (c) if there is no person upon whom the violation of the statute can operate, there is no breach of duty; and (d) the court in determining whether the violation of a statutory requirement is negligence per se as to t 1987However, even assuming appellant violated OCGA § 40-5-122, this violation does not entitle appellee to recover. “ ‘(a) Actionable *244 negligence consists in a violation of some duty owed to another person; (b) in order for the violation of some statutory duty to be negligence per se, the person claiming it as such must be within the class for whose benefit the statute was passed; (c) if there is no person upon whom the violation of the statute can operate, there is no breach of duty; and (d) the court in determining whether the violation of a statutory requirement is negligence per se as to t | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Platt v. Southern Photo Material Co.
green
1 sentence1962Platt v. Southern Photo Material Co., 4 Ga. App. 159 ( 60 SE 1068 ), involved legislation designed for the protection of children working in a factory. | 1 | 1962–1962 |
Lewis v. State
green
1 sentence1962Platt v. Southern Photo Material Co., 4 Ga. App. 159 ( 60 SE 1068 ), involved legislation designed for the protection of children working in a factory. | 1 | 1962–1962 |
Grannemann v. Salley
green
1 sentence1961Grannemann v. Salley, 95 Ga. App. 778 , supra. Ground 14 complains of another charge to the effect that, if the violation of a statutory requirement regarding brakes, as set forth in the Code sections charged, is shown, the defendant has the burden to come forward and prove such violation was not due to neglect on his part arising from actual or constructive knowledge of said defect or from negligent failure to. inspect. | 1 | 1961–1961 |
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.